United States v. Antoine Cortez-Dutrieville
743 F.3d 881
3rd Cir.2014Background
- Dutrieville appeals the denial of his motion to suppress evidence seized from Portia Newell's home, where he stayed with consent.
- A protection-from-abuse order prohibited Dutrieville from entering Newell's residence or contacting her, affecting his standing to challenge searches.
- A UPS heroin package addressed to Newell's home was repackaged and placed at Millview Dr., leading to an anticipatory search warrant for Newell's residence.
- The package was delivered to Dutrieville at the home; beeper activation prompted entry and seizure of drugs and related items.
- Evidence seized included heroin, the beeper, Dutrieville’s cell phone and overnight bag with drugs paraphernalia, and scales.
- District Court held Dutrieville lacked Fourth Amendment standing due to the protection order; Dutrieville pled guilty with a conditional appeal on suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Dutrieville and his overnight bag have Fourth Amendment standing to challenge the home search? | Dutrieville possessed an overnight guest privacy expectation in the home. | Protection order made his presence unlawful, destroying standing in the home. | No standing in the home; unlawful presence defeats privacy expectation. |
| Does Dutrieville have standing to challenge the search of his overnight bag located in the home? | Bag still carries privacy interests despite unlawful entry. | No reasonable expectation of privacy in the bag because he was prohibited from entering and using the space. | No standing in the bag; container was in a prohibited place. |
Key Cases Cited
- United States v. Correa, 653 F.3d 187 (3d Cir. 2011) (standing requires a legitimate expectation of privacy)
- Bond v. United States, 529 U.S. 334 (2000) (subjective and objective prongs of privacy expectations)
- Rakas v. Illinois, 439 U.S. 128 (1978) (privacy expectancy depends on lawful access to place searched)
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest has privacy interest in host's home)
- United States v. Wellons, 32 F.3d 117 (4th Cir. 1994) (prohibition from entering place undermines privacy in personal effects there)