621 F. App'x 170
4th Cir.2015Background
- Naughton was convicted of multiple counts arising from involvement in an interstate sex trafficking enterprise.
- Two warrantless searches of Naughton’s former apartment yielded firearm-related evidence in September 2010 and other items in June 2011.
- June search relied on a landlord’s representations that the apartment was vacant and abandoned; locks had been changed.
- Court held the June search reasonable based on abandonment of privacy interest; credibility of landlord’s statements was upheld.
- September search relied on an anonymous 911 call; court assumed Fourth Amendment violation but held the error harmless, given overwhelming proof of firearm use.
- District court’s judgment included a separate § 924(c) conviction based on conspiracy to commit sex trafficking, which this court vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the June search violated the Fourth Amendment | Naughton retained privacy rights; landlord lacked reliable key. | Abandonment shown by vacancy and changed locks permitted entry. | No error; abandonment supported reasonable entry. |
| Whether the September search violated the Fourth Amendment | Anonymous call lacks indicia of reliability; entry without warrant invalid. | Entry justified to investigate imminent harm or safety; harmless error anyway. | Harmless error beyond reasonable doubt; suppression not required. |
| Whether conspiracy to commit sex trafficking qualifies as a crime of violence for § 924(c) | Conspiracy to commit sex trafficking inherently involves violence; supports § 924(c). | Fuertes and Descamps show non-violence under force or residual clause; does not qualify. | Vacate § 924(c) conviction; remand for resentencing |
Key Cases Cited
- Kyllo v. United States, 533 U.S. 27 (U.S. 2001) (abandonment/expectation of privacy framework)
- Chapman v. United States, 365 U.S. 610 (U.S. 1961) (landlord consent limits without eviction basics)
- United States v. Stevenson, 396 F.3d 538 (4th Cir. 2005) (tenant privacy and abandonment considerations)
- United States v. Hoey, 983 F.2d 890 (8th Cir. 1993) (abandonment concept in Fourth Amendment searches)
- Harrison v. United States, 689 F.3d 301 (3d Cir. 2012) (dilapidated conditions support abandonment inference)
- Montieth v. United States, 662 F.3d 660 (4th Cir. 2011) (standard of review for suppression rulings)
- United States v. White, 571 F.3d 365 (4th Cir. 2009) (conspiracy and violence considerations for § 924(c))
- Descamps v. United States, 133 S. Ct. 2276 (S. Ct. 2013) (categorical approach for crimes of violence; divisibility)
- Fuertes, 2015 U.S. App. LEXIS 14475 (4th Cir. 2015) (holding that conspiracy to commit sex trafficking not a crime of violence under 924(c))
- Marcus, 560 U.S. 258 (U.S. 2010) (plain error review standards)