Federal Judiciary

Fourth Amendment Rights for a Storage Locker Squatter

By Robert Loblaw

U.S. v. Murphy, 06-30582 (9^th Cir., Feb. 20, 2008)

Does a meth manufacturer who is squatting in a storage facility have the same Fourth Amendment rights as a person who is living in a house? That?s the issue that faces a panel of the Ninth Circuit in this criminal decision. The most interesting question for this appeal is whether the person renting the storage unit could validly consent to a search of the quarters occupied by the defendant, who had refused to allow the police to search. The issue is complicated by the fact that the renter knew that the defendant was living there but had recently tried to kick him out, obviously without success.

The Ninth concludes that search was unlawful under Georgia v. Randolph, in which the Supreme Court held that a wife?s consent to allow police officers to search the house did not trump her husband?s refusal. This is a fascinating decision, and I?d be surprised if Judge Reinhardt?s opinion survives scrutiny.

Full post as published by Decision of the Day on February 20, 2008 (boomark / email).