Motion to Suppress – Warrantless Search

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7^th Circuit Court of Appeals

Case Name: United States of America v. Dimitris Terry

Case No.: 18-1305

Officials: WOOD, Chief Judge, and SYKES and BARRETT, Circuit Judges.

Focus: Motion to Suppress – Warrantless Search

Is it reasonable for officers to assume that a woman who answers the door in a bathrobe has authority to consent to a search of a male suspect’s residence? We hold that the answer is no. The officers could reasonably assume that the woman had spent the night at the apartment, but that’s about as far as a bathrobe could take them. Without more, it was unreasonable for them to conclude that she and the suspect shared access to or control over the property.

The evidence discovered in Terry’s apartment was the fruit of an unconstitutional search, so the district court should have granted his motion to suppress it. But the district court properly denied Terry’s motion to suppress his post‐arrest statements. We therefore REVERSE in part, VACATE the conviction, and REMAND for proceedings consistent with this opinion.

Reversed in part. Vacated and Remanded in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.