United States v. Maestas, No. 10-2226 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Moses Earnest Maestas appealed his conviction of possession of intent to distribute fifty grams or more of methamphetamine ("meth"), and for possession of a firearm related to drug trafficking. Appellant filed a motion to suppress evidence of the meth and firearm that police recovered in the triplex apartment building's enclosed garbage storage area, arguing that he had a reasonable expectation of privacy in the area, which was within the curtilage of the home. Law enforcement arranged for an undercover officer to make a controlled purchase of meth from Appellant at the residence rented by a man known as "Road Dog." Appellant was a frequent visitor and guest at Road Dog's apartment; he was tipped off that police had the apartment surrounded, and disposed of the meth and firearm out of the sight of the officers in the enclosed garbage area. The district court held that "even if [Appellant's] connection to the home had been less tenuous and he was the type of overnight guest to which Fourth Amendment privacy expectation has been assigned, the items were located in an area shared with other residents where garbage is placed outside for pickup. Surely Defendant Maestas has established no legitimate, reasonable expectation of privacy in that area." On appeal, the Circuit Court agreed, affirming the lower court decision: "[Appellant] has failed to demonstrate he had a subjective expectation of privacy in the garbage storage area which society is willing to accept as objectively reasonable."
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