United States v. Marcel King

Opinion by Judge GRABER; Dissent by Judge BERZON.

OPINION

GRABER, Circuit Judge:

Defendant Marcel Daron King appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). The question that we must answer is whether the Fourth Amendment permits a suspicionless search1 of a proba*988tioner’s residence. We hold that such a search is permissible when, as here, the probationer has accepted a suspicionless-search condition as part of a probation agreement. We therefore affirm.

Officers of the San Francisco Police Department suspected that Defendant was involved in…