M.D.Fla.: When a storage unit’s lease is up and notice of sale has been published, no REP exists

When the lease on a storage unit is over and the landlord has published a notice of sale of the contents, the reasonable expectation of privacy is lost. The landlord is in control. Similarly, as to warehouse space, the tenants told the landlord they were out. United States v. Khateeb, 2015 U.S. Dist. LEXIS 143010 (M.D.Fla. Aug. 4, 2015):

Under these circumstances there is no Fourth Amendment violation for two stand-alone reasons. First, Sentry (through Faison) had authority to consent to the search. Pursuant to the lease and Florida law, Sentry had the right to enter the units, inventory them, and sell property stored inside to pay Gaber’s unpaid balance. See United States v. Smith, 353 F. App’x 229, 230-31 (11th Cir. 2009) (finding landlord had actual authority to consent to search of storage unit because water was seeping from the unit and lessee had contractually agreed to allow landlord to enter in emergencies). When Gaber did not respond to Sentry’s efforts to contact him about past due rent, Sentry initiated efforts to sell the personal property left behind. The condition of the units provides additional proof that Gaber (or any individual associated with him) did not intend to return. Second, and perhaps more compelling, under these circumstances, agents reasonably and in good faith relied on Sentry’s assertions that (1) Gaber was in default and (2) it was exercising its right to enter the units. See Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793, 111 L. Ed. 2d 148 (1990). Indeed, agents observed the notice of public sale at Sentry’s office during their first meeting with Faison. For these reasons, I recommend that the motion to suppress (doc. 203) be denied.