Is Defendant's status as a probationer a factor in determining whether or not he has a reasonable expectation of privacy that is greater than that of someone who has completed probation or has never been convicted of a crime?

Defendant's status as a probationer is the most important factor in the balancing test. Lara, 815 F.3d at 610. Although Defendant's privacy expectation is significantly diminished and "is lower than someone who has completed probation or who has never been convicted of a crime," his privacy interest is "still substantial." Id. Importantly, because Defendant's underlying offense is a misdemeanor for petty theft, his "reasonable expectation of privacy is greater than that of probationers such as King because [Defendant] was not convicted of a particularly 'serious and intimate' offense." Id. at 610 (citing United States v. King, 736 F.3d 805, 809 (9th Cir. 2013)).

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