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Name: U.S. v. Knights
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/02/2000
Subsequent History: None
Summary

An order suppressing the evidence seized during a warrantless probation search was affirmed where the probation was completely unrelated to the investigative search on an entirely different offense. Appellant was on probation, with a search condition, for a misdemeanor drug offense. Officers decided to search his home when they were investigating an arson offense, and observed related evidence in appellant’s vehicle. The evidence was properly suppressed by the trial court. Even when a probationer has consented to searches of his home as a condition of probation, those searches must be conducted for probation purposes and not as mere subterfuge for the pursuit of criminal investigations.