United States v. Correa
653 F.3d 187
3rd Cir.2011Background
- Task Force searched for an escaped inmate at 41 Elm Street, a multi-unit building with a locked exterior door.
- Officer entered via a partially opened window into a common stairwell and apprehended Correa after a struggle.
- Correa disclosed a firearm, which was retrieved from his pocket by the inspector.
- Correa moved to suppress the firearm and his statement as fruit of an illegal seizure; district court denied.
- Court holds Correa had no Fourth Amendment standing to challenge the search of the building’s common areas because residents lack a reasonable expectation of privacy there when exterior door is locked.
- Court affirms district court’s denial of suppression and Correa’s conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Correa had Fourth Amendment standing to challenge the search | Correa (Correa) argues common areas enjoyed privacy. | Correa contends privacy exists in common areas even with locked door. | No standing; common areas not private. |
| Whether a locked exterior door alters the expectation of privacy in common areas | Acosta extended to locked doors; privacy should be recognized. | Locked door reduces access and privacy. | Locked exterior door does not create a reasonable expectation of privacy. |
Key Cases Cited
- United States v. Acosta, 965 F.2d 1248 (3d Cir.1992) (resident lacks reasonable expectation of privacy in common areas when exterior door is unlocked (extended to locked door))
- United States v. Nohara, 3 F.3d 1239 (9th Cir.1993) (no reasonable expectation of privacy in common areas of multi-unit building)
- United States v. Concepcion, 942 F.2d 1170 (7th Cir.1991) (no reasonable expectation of privacy in common areas)
- United States v. Barrios-Moriera, 872 F.2d 12 (2d Cir.1989) (common areas not private)
- United States v. Eisler, 567 F.2d 814 (8th Cir.1977) (common areas lacking privacy when access is broad)
- United States v. Miravalles, 280 F.3d 1328 (11th Cir.2002) (no reasonable expectation of privacy in high-rise common areas with insecure doors)
- United States v. Cruz Pagan, 537 F.2d 554 (1st Cir.1976) (standing depends on legitimate privacy expectations, not property trespass)