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U.S. v. GRANDBERRY

No. 11-50498.

730 F.3d 968 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Lambert T. GRANDBERRY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2013.

Attorney(s) appearing for the Case

André Birotte Jr. , United States Attorney; Robert E. Dugdale , Assistant United States Attorney, Chief, Criminal Division; Jean-Claude André (argued), Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, for Plaintiff-Appellant.

Carlton F. Gunn (argued), of Counsel, Kaye, McLane & Bednarski, Pasadena, CA, for Defendant-Appellee.

Opinion by Judge Berzon; Concurrence by Judge Watford; Concurrence by Judge Berzon.

OPINION

BERZON, Circuit Judge:

After police officers arrested Lambert Grandberry, they decided to search a nearby apartment Grandberry had entered several times — at least six — in recent days. The officers relied on Grandberry's status as a parolee as their authority to search the apartment and so did not obtain a warrant. We must address whether the police complied with our precedents requiring that officers have probable cause to conclude...

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