USA v. Pereda – Do It For The Caselaw

Holding: The Ninth Circuit held that the warrantless searches of the trailer and pickup truck were valid under the Fourth Amendment because officers had probable cause to believe the defendant resided in the trailer and controlled the vehicle pursuant to his parole conditions.
Standard: probable cause under the parole exception
Vote: The panel reversed the district court's order granting the motion to suppress and remanded for further proceedings.
Practical effect: The decision reverses the suppression of evidence, allowing the government to proceed with the prosecution of Pereda for possession with intent to distribute controlled substances and felon in possession of ammunition.

The Ninth Circuit reversed a district court order suppressing evidence found in a trailer and a pickup truck. The panel held that officers had probable cause to believe the defendant resided in the trailer and controlled the vehicle under his parole search conditions.

Background

Binisio Nicolas Pereda was a state early-release supervisee subject to warrantless search conditions. Officers conducted a compliance check at a Goleta address where Pereda had been GPS-tracked. They found him in a trailer and searched it, discovering ammunition. They also searched a nearby white Ford F-150 truck, finding drugs. The district court suppressed the evidence, finding a lack of probable cause regarding the trailer and truck.

The court’s reasoning

The panel applied the parole exception to the Fourth Amendment. The court found that the officers had probable cause to believe Pereda resided in the trailer based on the totality of circumstances, including GPS data placing him there overnight, a witness stating he was in the trailer, and the trailer’s physical setup. The court also found probable cause that Pereda controlled the truck based on prior observations of him driving that specific vehicle and its proximity to the trailer. The court held that the district court erred by isolating facts rather than considering the whole picture.

Because the officers had probable cause for both searches, the searches were consistent with the Fourth Amendment.

USA v. Pereda

The dissent

What it means going forward

The decision reverses the suppression of evidence, allowing the government to proceed with the prosecution of Pereda for possession with intent to distribute controlled substances and felon in possession of ammunition.