United States v. Harrison, No. 11-2566 (3d Cir. 2012)
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Philadelphia police officers entered a private residence without a warrant because they believed the house to be abandoned. Upon searching the house, they found Harrison sitting in a recliner with a gun, scales, pills, and cocaine base on the table next to him. The police took Harrison into custody, seized the gun, and obtained a warrant to seize the rest of the items. Harrison was charged with possession with intent to distribute five grams or more of cocaine base and moved to suppress the physical evidence. The district court denied the motion; although Harrison, a tenant, had a reasonable expectation of privacy in the house, the police officers were operating under the mistaken but reasonable belief that the house was abandoned. The Third Circuit affirmed. A house can be abandoned for Fourth Amendment purposes; the officers did not make a mistake of law. Their mistake of fact was reasonable, based on their observations over several months that the house appeared unfit for human habitation. There was trash strewn about, the lawn was overgrown with weeds, and windows on both levels were either boarded up or exposed. The front door was left open, and the lock may have been broken.
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