United States v. Correa, No. 10-2199 (3d Cir. 2011)Annotate this Case
A task force searching for an escaped fugitive entered the common areas of a multi-unit apartment building. The building had a locked exterior door. An inspector entered through a partially opened side window. Once inside, the task force apprehended defendant in a common-use stairwell, and, after a struggle, defendant informed the inspector he had a firearm. The inspector retrieved the firearm from defendant's pocket. The district court denied his motion to suppress the firearm and the statement made to the inspector. The Third Circuit affirmed, expanding its prior holding that a resident of an unlocked multi-unit apartment building lacks an objectively reasonable expectation of privacy in the building's common areas. The presence of a locked exterior door does not alter that expectation; the defendant had no control of the common areas.