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U.S. v. TESSIER

No. 15-5284.

814 F.3d 432 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon Thomas TESSIER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 18, 2016.

Attorney(s) appearing for the Case

ARGUED: R. David Baker , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. Gwendolyn Stamper , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: R. David Baker , Andrew Brandon , Office of the Federal Public Defender, Nashville, Tennessee, for Appellant. Gwendolyn Stamper , United States Department of Justice, Washington, D.C., for Appellee.

ROGERS, J., delivered the opinion of the court in which GIBBONS, J., joined, and SILER, J., joined in the result. SILER, J. (pp. 435-36), delivered a separate concurring opinion.

OPINION

This case involves an issue that was left open by the Supreme Court in United States v. Knights, 534 U.S. 112, 120 n.6, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001): Whether, under the Fourth Amendment, a probationer whose probation order contains a search condition may be...

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