Seventh Circuit rules duplex search lawful.

• Author: Ziemer, David

Byline: David Ziemer

A resident has no reasonable expectation of privacy in the common areas of a duplex, the Seventh Circuit held on July 27. In 2004, two Milwaukee police officers assigned to the gang squad were investigating Ricardo Villegas and Ephraim Munoz, when they received a report that they were drinking beer outside of a duplex owned by Villegas's sister. Villegas and his sister lived on the first floor, and another unrelated couple named the Franklins lived in the second, also running a business out of the property, and making appointments with clients and meeting them on the property. The duplex had two entrances, each with a solid inner door and an outer screen door, that led to a common hallway, and a staircase leading to the basement. When the officers arrived at the property, the inner doors of both entrances were open and the screen doors, while closed, were unlocked. One of the officers entered the property into the common hallway. When Villegas exited the first floor unit into the common hallway, the officer identified himself, after which Villegas dropped a bag of marijuana. Villegas was charged in federal court with one count of illegal re-entry, and one count of possession of marijuana. He moved to suppress the evidence, but District Court Judge J.P. Stadtmueller denied the motion. After conviction, Villegas appealed, but the court of appeals affirmed in a decision by Judge Kenneth F. Ripple. The court concluded that Villegas failed to demonstrate either an objective or a subjective expectation of privacy with respect to the common hallway. Although the solid outer doors leading to the hallway normally were kept closed and locked, those doors were open on the day of the entry. Addressing the subjective component, the court concluded, "Exposing the activities within the common hallway to the world is inconsistent with a subjective expectation of privacy, particularly when the other occupants of the duplex, the Franklins, ran a business from the property that was advertised by a sign in front of the building." Turning to the objective component, the court also concluded that Villegas had no reasonable expectation of privacy. The court noted that, because the common hallway was the sole regular access to both units, the Franklins and anyone desiring access to the Franklins' home, including their customers, had to pass through the hallway to reach the Franklins' unit. For support, the court cited several decisions holding...