IL: No REP in common hallway of unlocked apartment building; distinguished door dog sniff case

There was no reasonable expectation of privacy in the common area of an unlocked apartment building where observation of handling a gun occurred. The court distinguishes the use of a drug dog at an apartment door which does become a trespass. People v. Thomas, 2019 IL App (1st) 170474, 2019 Ill. App. LEXIS 168 (Mar. 19, 2019), modified on den. reh. (May 14, 2019).

“Considering the totality of the circumstances present in this case, the tips from the local St. Johnians were completely devoid of sufficient indicia of reliability to support a reasonable suspicion that Rivera Gomez and Recio-Fernandez in particular had illegally entered the United States.” There was no showing they were citizen informants or were corroborated by the officers. United States v. Gomez, 2019 U.S. Dist. LEXIS 45601 (D.V.I. Mar. 20, 2019).*

This entry was posted in Reasonable expectation of privacy, Reasonable suspicion. Bookmark the permalink.

Comments are closed.