United States v. Michael Lewis
666 F. App'x 173
3rd Cir.2016Background
- Police responded to a burglary-in-progress report and an anonymous tip placed officers at Coki Point Beach where Lewis was seen sitting next to a suspect.
- Officer Boyce recognized Lewis; Lewis threw his jacket, fled, and the butt of a gun was visible in his pocket.
- Officers pursued Lewis into a gated yard with two separate residences, searched one empty residence, then entered the second (door ajar) and found Lewis alone inside; they arrested him.
- A search incident to arrest recovered a knife and a firearm magazine on Lewis; a search of the home (owned by Marisa Martin) produced three firearms.
- Martin testified Lewis had no key, no permission to be in her home at the time, was not left there by her, and must have broken in; Lewis had been renting the other residence on the property for under a month and was described as a close friend.
- Lewis moved to suppress the firearms (and earlier sought to suppress statements, but waived that argument on appeal); the District Court denied suppression, finding Lewis had no reasonable expectation of privacy in Martin’s home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lewis had a reasonable expectation of privacy in Martin’s home (standing to challenge search) | Lewis: Although not an overnight guest, he had a close, prolonged relationship with Martin and sufficient household access to claim a protectable privacy interest (analogizing to social-guest cases). | Government: Lewis was not an invited guest at time of arrest; Martin testified he had no key or permission, so he was a trespasser and lacked a society-recognized expectation of privacy. | Held: No reasonable expectation of privacy; Lewis lacked standing to contest the search and suppression was properly denied. |
| Whether the officers needed a warrant to search Martin’s home | Lewis: Implicitly argued the search violated the Fourth Amendment absent a warrant because he had a protectable interest. | Government: Warrant analysis unnecessary if Lewis lacks standing; search challenged only by someone with a reasonable expectation of privacy. | Held: Because Lewis lacked standing, court did not reach or require a Fourth Amendment warrant analysis. |
Key Cases Cited
- Rakas v. Illinois, 439 U.S. 128 (standing to challenge searches; burglar’s expectation is unreasonable)
- Bond v. United States, 529 U.S. 334 (Fourth Amendment focuses on justifiable/reasonable expectation of privacy)
- Minnesota v. Carter, 525 U.S. 83 (social-guest expectations analyzed; invited presence relevant)
- Morton v. United States, 734 A.2d 178 (D.C. App.) (social guests generally have legitimate expectation of privacy)
- United States v. Cortez-Dutrieville, 743 F.3d 881 (3d Cir.) (squatters/trespassers lack reasonable expectation of privacy)