U.S. v. Curlin

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 10-3033
Decision Date: 
April 25, 2011
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
In prosecution on charge of unlawful possession of firearms, Dist. Ct. did not err in denying defendant’s motion to suppress firearms seized in plain view during eviction of defendant from his leased residence. While entry by officers into home is generally considered search, defendant could not establish any 4th Amendment violation since he had no subjective expectation of privacy in residence to which he was occupying unlawfully at time of seizure. Moreover, result might have been different had instant landlord not previously obtained eviction order to which defendant had notice.