United States v. Curtis Ray Howard

BYBEE, Circuit Judge:

Appellant Curtis Howard appeals the district court’s ruling that the search of an apartment at which he had spent the night was constitutional because he was on probation and officers had probable cause to believe that he resided there. We hold that the evidence in this case was insufficient to establish probable cause and reverse the ruling of the district court.1

I. BACKGROUND

Curtis Ray Howard was convicted of bank robbery in 1996. On April 14, 2003, he was placed on supervised release, and Probation Officer Robert Aquino was assigned to monitor him. Howard’s release was…