U.S. v. Aljabari

In prosecution on arson charges, Dist. Ct. did not err in granting defendant's motion to suppress gasoline and kerosene cans that were seized from defendant's apartment that was located in rear of storage area of father's tobacco shop. Police request to search defendant's apartment for evidence of arson in search warrant application was reasonable since common sense supports inference that suspect's home is likely place to find evidence of crimes. Moreover, while instant cans were found in tobacco shop's loading dock, instant seizure was not beyond scope of search warrant since Dist. Ct. could properly find that loading dock was part of defendant's apartment where there were no obvious barriers between defendant's living space and any space used exclusively by tobacco shop.