United States v. Saul Melero
908 F.3d 208
7th Cir.2018Background
- DEA task force observed a suspected drug handoff; agents followed Jason Correa, stopped him for an alleged traffic violation, and obtained his consent to search his car, where they found suspected cocaine and a bag containing four garage door openers, keys, and phones.
- Agents seized the openers and keys; Agent Asselborn then drove around nearby buildings pressing the openers’ buttons until one opened a multi-story condominium garage at 1819 S. Michigan.
- Using a seized key fob, agents entered the building lobby and matched a mailbox key to Unit 702; agents contacted Correa, who (after being apprised the keys matched Unit 702) consented orally to a search of Unit 702 but refused to sign a consent form.
- The ensuing search of Unit 702 uncovered large quantities of cocaine, heroin, other drugs, packaging equipment, a handgun, and documents linking Saul Melero; Melero was arrested after a neighbor identified him.
- Defendants moved to suppress; the district court denied the motion. On appeal the Seventh Circuit affirmed, finding no Fourth Amendment violations at any step.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of traffic stop | Correa: stop improper — he signaled; officer testimony uncorroborated; officer outside jurisdiction | Officers: traffic violation (turn without signaling) provided probable cause; stop was lawful even if pretextual | Stop was lawful; officer credibility credited and traffic violation supplied probable cause under Whren principles |
| Search of car | Correa: consent involuntary / scope exceeded | Government: Correa voluntarily consented; consent included containers where drugs might be found | Consent was voluntary and scope included the bag containing cocaine; search lawful |
| Seizure and use of garage openers/keys | Correa: seizure/use of openers and testing them to find building were unlawful searches/seizures requiring warrant | Government: openers/keys were properly seized as evidence; pressing buttons to learn associated address was a search but reasonable and within exceptions (search incident/booking‑type investigative step) | Seizure of openers/keys lawful; using openers to identify building was a search but reasonable and did not violate Fourth Amendment |
| Entry to lobby, testing mailbox key, consent to search unit, and arrest | Defendants: using fob/key to access lobby and testing mailbox key were improper searches; consent to search Unit 702 invalid; arrest unlawful | Government: lobby and mailbox testing were searches of common areas with no reasonable expectation of privacy; context gave officers apparent authority to solicit Correa’s consent; neighbor ID provided probable cause to arrest Melero | Using fob and testing mailbox key were searches of common areas but reasonable; Correa had apparent and voluntary authority to consent; search and Melero’s arrest upheld |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (traffic stop lawful when probable cause of traffic offense exists)
- Chimel v. California, 395 U.S. 752 (scope of searches incident to arrest and special need for warrants for dwellings)
- Florida v. Jardines, 569 U.S. 1 (property/trespass analysis informing when a search occurs at a home)
- United States v. Jones, 565 U.S. 400 (trespass and electronic‑signal approaches to defining a search)
- Riley v. California, 134 S. Ct. 2473 (cell phones differ qualitatively from physical effects; heightened privacy concerns)
- United States v. Concepcion, 942 F.2d 1170 (testing an arrestee’s key in building locks is a search but can be reasonable)
- United States v. Jimeno, 500 U.S. 248 (scope of consent to search a vehicle extends to containers reasonably understood to contain contraband)