United States v. King

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of defendant-appellant’s petition for rehearing en banc and reversal of the district court’s judgment.

Brief filed: 05/02/2013

Documents

United States v. King

9th Circuit Court of Appeals; Case No. 11-10182

Prior Decision

Case below 2011 WL 9315 (N.D. Cal. Jan. 3, 2011) (No. C 10-00455 WHA), affirmed by 711 F.3d 986 (9th Cir. (Cal.) Mar. 8, 2013) ( No. 11-10182).

Argument(s)

The Panel’s exclusive focus on “consent” and its assumptions about the imposition of probation conditions are wrong. Consent is merely a factor to consider when deciding whether a search is “reasonable.” Probationers do not necessarily “accept” probation terms. The reasonable suspicion standard should apply to all searches of a probationer’s home.

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Author(s)

Hanni Fakhoury, San Francisco, CA, and David Porter, Sacramento, CA.