US v. Perez: Perez was on supervised release, one of the conditions of which was the he submit himself or property to searches directed by a probation officer. He owned a home on Teal Drive, which he rented to his girlfriend, Coleman (signed lease and everything), as well as one on Lawndale Drive, where he lived. After his probation officer received information that Perez was dealing drugs, police officers (at the probation officer’s direction) executed searches at both homes – Perez was at Teal Drive, Coleman at Lawndale Drive – which uncovered not only evidence indicating Perez might be staying at Teal Drive, but also about $25,000 in cash there. The Government seized the cash, arguing it was drug proceeds. Perez and Coleman both unsuccessfully challenged the searches, with each claiming part of the money.
On appeal, the Fourth Circuit held that the search of Teal Drive violated Perez’s rights under the Fourth Amendment and could not support forfeiture. The court first held that the condition of Perez’s term of supervised release that allowed searches of his property did not extend to Teal Drive, where Coleman resided, likening the situation to one where one party consents to a search of a jointly shared residence while another objects (as Coleman did), while also noting that a landlord cannot given consent to search his tenant’s property. The court also held that the police lacked sufficient belief – defined as probable cause – that Perez actually lived at Teal Drive (evidence of such recovered at Lawndale Drive was discovered while the other search was ongoing).
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