United States v. Ross, No. 18-11679 (11th Cir. 2019)
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Defendant appealed the denial of his motions to suppress evidence found in two separate, warrantless searches of his motel room. A gun was discovered in the first search, and drugs and associated paraphernalia were discovered in the second search.
The Eleventh Circuit held that defendant did not abandon his motel room when he ran and thus he had Fourth Amendment standing to challenge the officers' initial entry and the ensuing protective sweep, which they conducted within 10 minutes of his flight. However, defendant's constitutional challenge to the officers' entry and sweep failed on the merits, because the officers reasonably believed that defendant was in the room and thus they had authority to enter the room to execute the arrest warrants, to conduct a limited protective sweep, and to seize the gun found in plain view. In regard to the second search, which officers carried out with the consent of hotel management after 11:00 a.m., the court held that defendant lost any reasonable expectation of privacy in his room at checkout time. Therefore, he did not have Fourth Amendment standing to contest the search. Accordingly, the court affirmed the district court's judgment.
The court issued a subsequent related opinion or order on March 23, 2020.
The court issued a subsequent related opinion or order on June 24, 2020.
The court issued a subsequent related opinion or order on July 7, 2020.
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