State of Minnesota v. Leona Rose deLottinville
890 N.W.2d 116
| Minn. | 2017Background
- In 2015 Leona Rose deLottinville faced felony charges and was released on conditions (no alcohol/drugs, random testing); failing tests led to a district-court-issued arrest warrant for violation of release conditions.
- Five days after the warrant issued, officers responding to a tip went to the lower-level apartment of deLottinville’s boyfriend (a third party); one officer saw deLottinville through a glass patio door, opened an unlocked back door, entered, and arrested her.
- During the arrest officers observed marijuana and a bong in plain view and later obtained a search warrant for the apartment, which produced additional drugs and paraphernalia; deLottinville was charged with drug-possession offenses.
- The district court granted a suppression motion, concluding the arrest warrant did not authorize entry into the third party’s home and dismissed charges; the court of appeals reversed.
- The Minnesota Supreme Court granted review to decide whether the Fourth Amendment or Article I, §10 of the Minnesota Constitution requires a search warrant to enter a third party’s home to execute an arrest warrant for a guest.
- The court held neither the Fourth Amendment nor the Minnesota Constitution requires a search warrant in these circumstances and affirmed the court of appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police must obtain a search warrant to enter a third party’s home to arrest a guest named in an arrest warrant | deLottinville: Steagald requires a search warrant to protect homeowner privacy; guest should share that protection | State: Payton allows entry to arrest the subject of a lawful arrest warrant; guest has no greater privacy than in own home | No search warrant required to enter a third party’s home to arrest a guest who is the subject of a lawful arrest warrant |
| Whether the Fourth Amendment bars such entry and evidence obtained | deLottinville: Entry without a search warrant violated her expectation of privacy as an overnight guest | State: Arrest warrant + knowledge suspect was present satisfies Payton; guest’s rights no greater inside another’s home | Fourth Amendment does not require suppression; entry did not violate guest’s rights under Payton logic |
| Whether Minnesota Constitution (Art I, §10) provides greater protection than the Fourth Amendment here | deLottinville: Minnesota Constitution should require a search warrant to better protect homeowners and guests | State: No principled textual, historical, or precedential basis to depart from federal consensus | Article I, §10 does not require a search warrant in this context; court declines to extend greater protection |
| Whether homeowner’s privacy concerns or potential for police abuse require a different rule | deLottinville: Homeowner’s privacy and Steagald’s anti-abuse rationale support requiring a search warrant | State: No abuse shown; case involves only guest’s rights and guest cannot vicariously assert homeowner’s rights | Court recognizes homeowner concerns but limits decision to guest’s rights; homeowner’s remedies not before court |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (arrest warrant may authorize entry into suspect’s dwelling when suspect lives there and is believed present)
- Steagald v. United States, 451 U.S. 204 (1981) (search warrant required to enter a third party’s home to search for a person named in an arrest warrant; protects homeowner privacy)
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest has a legitimate expectation of privacy in host’s home)
- Alderman v. United States, 394 U.S. 165 (1969) (Fourth Amendment rights are personal and may not be vicariously asserted)
- Rakas v. Illinois, 439 U.S. 128 (1978) (standing to challenge a search depends on one’s legitimate expectation of privacy)
- United States v. Clifford, 664 F.2d 1090 (8th Cir. 1981) (guest does not have greater privacy in another’s home than in his own; supports allowing entry on arrest warrant)