United States v. Khayree Harrison
689 F.3d 301
3rd Cir.2012Background
- On October 12, 2009, three Philadelphia police officers entered 2114 North Franklin Street without a warrant, believing the house to be abandoned.
- Harrison was found inside the house seated in a recliner with a gun, scales, pills, and cocaine base nearby.
- The police seized the gun and later obtained a warrant to seize additional items found in the home.
- Harrison, a renter, had a key and intermittently resided there, paying rent through Nicole Hawkins; the District Court found the house not abandoned for Fourth Amendment purposes.
- Officers had previously observed the home as a run-down, drug-affected residence with the door often open and the interior in disrepair over several months.
- The suppression motion was denied, and Harrison was convicted on the possession-with-intent-to-distribute count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abandonment justifies warrantless entry | Harrison argues the home was not abandoned for Fourth Amendment purposes. | The government contends the officers reasonably believed abandonment based on totality of circumstances. | Abandonment not required; reasonable belief of abandonment supported warrantless entry under totality of circumstances |
| Whether the officers' mistake of fact was reasonable | Harrison asserts the belief of abandonment was mistaken and unreasonable. | The government argues the mistook exterior/interior conditions as abandonment was reasonable given the facts. | Officers' mistake of fact reasonably supported warrantless entry; Fourth Amendment permits |
| Whether the interior observations by an officer without a warrant were properly considered | Harrison contends those observations should be excluded as unlawful entries. | Government argues issue was waived on appeal and the record supports admission. | Argument waived; court considers officer's interior observations in totality of circumstances |
Key Cases Cited
- Florida v. Jimeno, 500 U.S. 248 (U.S. 1991) (touchstone of Fourth Amendment is reasonableness)
- California v. Acevedo, 500 U.S. 565 (U.S. 1991) (open fields/expectation of privacy; exceptions to warrant requirement)
- United States v. Fulani, 368 F.3d 351 (3d Cir. 2004) (abandonment determination requires clear, unequivocal evidence)
- Abel v. United States, 362 U.S. 217 (U.S. 1960) (abandonment and privacy interests in Fourth Amendment analysis)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (exclusionary rule exceptions when police acted in good faith)
- Illinois v. RodrÃguez, 497 U.S. 177 (U.S. 1990) (reasonable belief and objective standard for police conduct)
- Michigan v. Clifford, 464 U.S. 287 (U.S. 1984) (privacy interests after a fire and abandonment considerations)
- McKenney v. Harrison, 635 F.3d 354 (8th Cir. 2011) (extreme disrepair and uninhabitable conditions support abandonment)
- United States v. Wilson, 472 F.2d 901 (9th Cir. 1972) (abandonment concepts and Fourth Amendment alignment with property conditions)