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MOTLEY v. PARKS

No. 02-56648.

432 F.3d 1072 (2005)

Darla MOTLEY; Juan Jamerson, Plaintiffs-Appellants, v. Bernard PARKS; Daryl Gates; Gerald Chaleff; Herbert Boeckman; T. Warren Jackson; Robert M. Talcott; Raymond C. Fisher; Guadalupe Sanchez; Gregory Kading; Al Ruegg; James Black; Lawrence Webster; Dean Hansell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2005.

Attorney(s) appearing for the Case

Stephen Yagman; Marion R. Yagman; Kathryn S. Bloomfield, Yagman & Yagman & Reichmann & Bloomfield, Venice Beach, CA, for the plaintiffs-appellants.

Rockard J. Delgadillo, City Attorney; Janet G. Bogigian, Deputy City Attorney, Los Angeles, CA, for defendants-appellees Bernard Parks, Daryl Gates, Gregory Kading and Albert Ruegg.

Debra W. Yang, United States Attorney; Leon W. Weidman, Assistant United States Attorney, Chief, Civil Division; David Pinchas, Assistant United States Attorney, Los Angeles, CA, for defendants-appellees James Black and Larry Webster.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Allen Crown, Acting Senior Assistant Attorney General; Darrell Lepkowsky, Supervising Deputy Attorney General; Robert Helfand, Elizabeth A. Keech, Deputies Attorney General, Los Angeles, CA, for defendant-appellee Guadalupe Sanchez.

Before SCHROEDER, Chief Judge, B. FLETCHER, PREGERSON, REINHARDT, KOZINSKI, KLEINFELD, SILVERMAN, GRABER, McKEOWN, PAEZ, and BYBEE, Circuit Judges.

Argued and Submitted En Banc June 23, 2005.

SILVERMAN, Circuit Judge.

We took this case en banc to clarify a number of issues in this circuit surrounding parole-related searches. We hold that, before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have probable cause to believe that the parolee resides at the house to be searched. In this case, they did. We do not, however, decide whether law enforcement...

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