Eighth Circuit Suppresses Evidence From Warrantless Search of Parolee's Residence

Arkansas man on parole absconds and law enforcement get a tip he's staying at a friend's place and dealing drugs. They arrest him leaving the house and then search the house without a warrant. Plenty of contraband found. Yikes! Man: this violates my rights because no probable cause to believe I live there. Suppress the evidence Gov't: there's reasonable suspicion, if not probable cause. District court: No probable cause, evidence suppressed. Eighth Circuit: It's an issue of first impression, but we hold that officers must have probable cause—rather than reasonable suspicion, a less-demanding standard—to believe a parolee is living at a residence to conduct a warrantless search. And an uncorroborated tip and being in the vicinity of a residence don't cut it. Evidence suppressed.