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Personal Property Storage Lockers and Safe
Deposit Boxes
1. U.S. v. Erwin, 803 F.2d 1505 (9th Cir. 1986). Seizure ofbackpack
after defendant stepped off airplane required reasonable suspicion.
2. U.S. v. Lambert, 771 F.2d 83 (6th Cir. 1985). Dog alerted
to minute amounts of drugs on personal property; seizure authorized
under warrant for drugs and drug paraphernalia; impractical to remove
"microscopic residue" without items.
STORAGE LOCKERS AND SAFE DEPOSIT
BOXES
1. U.S. v. Reyes, 908 F.2d 281 (8th Cir. 1990). No reasonable
expectation of privacy after lease term expires.
2. Colorado v. Wieser, 796 P.2d 983 (Colo. 1990). Court split:
Some justices held dog sniff of rented locker was not search under Federal
or State Constitution where dog walked past lockers, while others thought
police had reasonable suspicion justifying warrantless dog sniff of
locker. (Dissent disputed that access way inside storage facility complex
was "public.")
3. U.S. v. Vermouth, (9th Cir. 1985) (unpublished), cert. denied,
475 U.S. 1045 (1986). Sniff of storage locker held not a
search triggering Fourth Amendment protection.
4. State v. Boyce, 723 P.2d 28 (Wash. App. 1986) and Strout v.
State, 688 S.W. 2d 188 (Tex. App. 1985). Sniff of exterior of
safe deposit box, reasonable suspicion present in both cases.
5. U.S. v. Venema, 563 F.2d 1003 (10th Cir. 1977). Sniff not
a search; no justifiable expectation of privacy in areaway in front
of storage locker; manager warned defendant she permitted police to
sniff lockers with dogs. |
