United States v. Curlin
2011 U.S. App. LEXIS 8426
| 7th Cir. | 2011Background
- Curlin stopped paying rent; landlord obtained eviction order requiring vacating by Nov 17, 2008.
- Writ of Restitution ordered eviction and possession, with directions to remove Curlin and sell nonexempt property.
- Constables attempted service; Curlin failed to appear in court; eviction proceedings culminated in eviction order.
- Sheriff's deputies executed the writ on Dec 2, 2008; Curlin was present; a safety sweep occurred and ammunition and firearms were found along with marijuana.
- Curlin, a convicted felon with two prior felonies, was arrested and charged with possession of firearms by a felon under 18 U.S.C. § 922(g)(1); he moved to suppress the gun evidence.
- District court denied suppression; Curlin pled guilty conditioned on appeal; court sentenced Curlin to 100 months; Curlin appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion by denying an evidentiary hearing. | Curlin contends disputed facts warrant a hearing. | Curlin argues no material disputes exist; interests of efficiency. | No abuse; no material disputed facts affect outcome. |
| Whether the protective sweep was a Fourth Amendment search. | Curlin claims a protected privacy interest in the residence. | Government argues no Fourth Amendment search due to unlawful occupancy. | No Fourth Amendment search occurred; Curlin lacked a reasonable privacy expectation. |
| Whether the gun evidence could be admitted under plain-view despite any search issue. | Evidence seized unlawfully should be suppressed. | Plain-view seizure valid; officers had lawful access and probable link to crime. | Plain-view seizure valid; no suppression required. |
| Whether Curlin had a legitimate expectation of privacy in the evicted residence. | Curlin asserts privacy despite eviction. | Curlin's occupancy was unlawful with notice of eviction. | Curlin lacked objectively reasonable expectation of privacy. |
| Whether district court properly applied legal standards for evidentiary hearing and suppression review. | Disputed facts could affect outcome; hearing warranted. | Standards require showing definite disputed facts; none identified. | Abuse of discretion not shown; no hearing required. |
Key Cases Cited
- Kyllo v. United States, 533 U.S. 27 (U.S. 2001) (limited-notion of what constitutes a Fourth Amendment search; heat-sensing technology context )
- United States v. Jacobsen, 466 U.S. 109 (U.S. 1984) (defining legitimate expectations of privacy and search concepts in context )
- Horton v. California, 496 U.S. 128 (U.S. 1990) (plain-view doctrine and access requirements for seizure )
- United States v. Struckman, 603 F.3d 731 (9th Cir. 2010) (no Fourth Amendment claim by trespassers or unlawful occupants )
- United States v. Ruckman, 806 F.2d 1471 (10th Cir. 1986) (unlawful occupant lacks privacy expectations in certain spaces )
- Ryan v. Mary Immaculate Queen Center, 188 F.3d 857 (7th Cir. 1999) (privacy expectations during eviction proceedings )