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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.
Argument: 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.