United States v. Gregory K. Eisler, United States of Am. v. Robert Alan Hoff, 567 F.2d 814 (8th Cir. 1978). · Go Syfert
United States v. Gregory K. Eisler, United States of Am. v. Robert Alan Hoff, 567 F.2d 814 (8th Cir. 1978). Cases Citing This Book View Copy Cite
“the locks on the doors to the entrances of the apartment complex were to provide security to the occupants, not privacy in common hallways”
138 citation events (74 in the last 25 years) across 33 distinct courts.
Strongest positive: State v. Dumstrey (wisctapp, 2014-12-23)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (verbatim quote) State v. Dumstrey
Wis. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
an expectation of privacy necessarily implies an expectation that one will be free of any intrusion, not merely unwarranted intrusions.
examined Cited as authority (verbatim quote) Commonwealth v. Dora (3×) also: Cited as authority (rule)
Mass. App. Ct. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
the locks on the doors to the entrances of the apartment complex were to provide security to the occupants, not privacy in common hallways
discussed Cited as authority (rule) United States v. Leake
D.D.C. · 2020 · confidence medium
Id. 15 v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977), that a tenant in an apartment complex had no reasonable expectation of privacy in a common area where other residents and their guests could enter); United States v. Barrios-Moriera, 872 F.2d 12 , 14–15 (2d Cir. 1989) (finding no legitimate expectation of privacy in a common hallway of multi-dwelling apartment even when area is bounded by a locked door), overruled on other grounds by Horton v. California, 496 U.S. 128 (1990). 15 It appears that the Sixth Circuit stands alone in recognizing a reasonable expectation of privacy in the common …
discussed Cited as authority (rule) United States v. Saul Melero
7th Cir. · 2018 · confidence medium
Both our case law and the case law of at least four of our sister circuits reflect this approach.1 We need to be vigilant that our articulation and application of that default rule does not 1 United States v. Hawkins, 139 F.3d 29 , 32–33 (1st Cir. 1998) (apartment basement); United States v. Nohara, 3 F.3d 1239 , 1241–42 (9th Cir. 1993) (apartment hallway); United States v. Barrios-Moriera, 872 F.2d 12 , 14–15 (2d Cir. 1989) (apartment hallway), abrogated on other grounds, Horton v. California, 496 U.S. 128 (1990); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977) (apartment hal…
discussed Cited as authority (rule) Haji Azam v. City of Columbia Heights
8th Cir. · 2017 · confidence medium
United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977); see also United States v. McGrane, 746 F.2d 632, 634-35 (8th Cir. 1984) (holding the defendant did not have a reasonable expectation of privacy in his storage locker, kept in the basement of his apartment building, that was accessible to the building’s residents and landlord).
discussed Cited as authority (rule) State v. Robert Grimpson Smith
N.H. · 2017 · confidence medium
See id. at 116-17 (finding no reasonable expectation of privacy in the locked entryway and common staircase that connected three apartments because these areas “were shared spaces accessible to the tenants of three apartment units and their guests, the landlord, and the landlord’s agents” and “served as passageways routinely used for egress and ingress to the apartment units”); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977) (reasoning that a tenant in an apartment had no reasonable expectation of privacy in a common hallway because the hallway was “available for the use…
discussed Cited as authority (rule) State v. Kono
Conn. · 2016 · confidence medium
Ed. 2d 1097 (1977); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977) (no reasonable expectation of privacy that would prevent officer’s watching and listening to defendant from common hallway); United States v. Cruz Pagan, 537 F.2d 554 , 557–58 (1st Cir. 1976) (no reasonable expectation of privacy that would preclude officer’s entry into underground shared garage); United States v. Bain, 155 F. Supp. 3d 107, 117 (D.
discussed Cited as authority (rule) State of Minnesota v. Stuart Donald Luhm (2×)
Minn. Ct. App. · 2016 · confidence medium
See, e.g., United States v. Nohara, 3 F.3d 1239, 1241-42 (9th Cir. 1993); United States v. Acosta, 965 F.2d 1248, 1252-53 (3d Cir. 1992); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991); United States v. Holland, 755 F.2d 253, 255-56 (2d Cir. 1985); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977); see also State v. Nguyen, 841 N.W.2d 676, 679-82 (N.D. 2013); State v. Talley, 307 S.W.3d 723, 730-35 (Tenn. 2010).
discussed Cited as authority (rule) People v. Burns
Ill. · 2016 · confidence medium
See United States v. Barrios-Moriera, 872 F.2d 12, 14-15 (2d Cir. 1989), overruled on other grounds by Horton v. California, 496 U.S. 128 (1990); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977); United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir. 1993); see also United States v. Miravalles, 280 F.3d 1328, 1329, 1333 (11th Cir. 2002) (no reasonable expectation of privacy where the lock on the front door of the apartment building was not working on the day police entered the building). ¶ 65 Lyles did not hold that Trull was no longer good law.
discussed Cited as authority (rule) United States v. Bain
unknown court · 2015 · confidence medium
See Rheault, 561 F.3d at 61 (reasoning that “a potentially revolving cast of third-floor tenants and their guests had relatively unfettered access to the very area in which Rheault claims an expectation of privacy”); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (finding no reasonable expectation of privacy in hallway of six-unit building with a locked exterior door, reasoning that other tenants “used the space and could admit as many guests as they pleased”); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (reasoning that “[t]he locks on the doors to the …
discussed Cited as authority (rule) State of Minnesota v. Marquin Lamont Craig
Minn. Ct. App. · 2014 · confidence medium
See United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir. 1993) (stating that “[m]ost [federal circuit courts] agree a tenant does not have a reasonable expectation of privacy in an apartment building hallway or other common area”); United States v. McGrane, 746 F.2d 632, 634 (8th Cir. 1984) (holding that a person had no expectation of privacy in a “common area . . . accessible to all tenants and the landlord” of an apartment building); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977) (concluding that a person did not have a “reasonable expectation of privacy in the hallway …
discussed Cited as authority (rule) P. v. Castro CA1/1
Cal. Ct. App. · 2013 · confidence medium
That the DEA agent was a technical trespasser in a common hallway is of no consequence since appellants had no reasonable expectation that conversations taking place there would be free of intrusion.‟ ” (Nohara, 6 This is a reference to United States v. Leon (1984) 468 U.S. 897, 922 (Leon), which held that the exclusionary rule did not apply when police conduct a search in objectively reasonable reliance on a warrant later found invalid. 8 supra, at p. 1242, quoting United States v. Eisler (8th Cir. 1977) 567 F.2d 814, 816 (Eisler), original italics.) Following this reasoning, the superior…
discussed Cited as authority (rule) Grimes v. State
Md. Ct. Spec. App. · 2011 · confidence medium
See United States v. Hawkins, 139 F.3d 29, 32 (1st Cir.1998) (opining that “[i]t is now beyond cavil in this circuit that a tenant lacks a reasonable expectation of privacy in the common areas of an apartment building” and concluding that the defendant did not have a reasonable expectation of privacy in the basement storage area of his apartment building); United States v. Barrios-Moriera, 872 F.2d 12, 14-15 (2nd Cir.1989) (holding that the defendant did not have a reasonable expectation of privacy in the apartment hallway of his building); United States v. Concepcion, 942 F.2d 1170, 1172 …
discussed Cited as authority (rule) United States v. Correa
3rd Cir. · 2011 · confidence medium
United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir.1993); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991); United States v. Barrios-Moriera, 872 F.2d 12, 14-15 (2d Cir.1989), abrogated on other grounds by Horton v. California, 496 U.S. 128, 130 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 (1990); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); see also United States v. Miravalles, 280 F.3d 1328, 1333 (11th Cir. 2002) (no reasonable expectation of privacy in common areas of high-rise apartment building where front door had an “undependable lock that was inoperable on the day…
discussed Cited as authority (rule) United States v. Maestas
10th Cir. · 2011 · confidence medium
See, e.g., United States v. Miravalles, 280 F.3d 1328, 1333 (11th Cir.2002) (holding that “tenants in a large, high-rise apartment building, the front door of which has an undependable lock that was inoperable on the day in question, [do not] have a reasonable expectation of privacy in the common areas of their building”); United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir.1993) (holding that a tenant in an apartment complex “has no reasonable expectation of privacy in the common areas of the building”); United States v. Acosta, 965 F.2d 1248, 1252 (3d Cir.1992) (holding that the defe…
discussed Cited as authority (rule) United States v. Charles Kimber
6th Cir. · 2010 · confidence medium
See United States v. Nohara, 3 F.3d 1239, 1241-42 (9th Cir.1993) (no reasonable expectation of privacy in locked apartment hallway); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991) (no reasonable expectation of privacy in locked hallway of six-unit dwelling); United States v. Holland, 755 F.2d 253, 255-56 (2d Cir.1985) (no reasonable expectation of privacy in locked hallway of duplex); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977) (no reasonable expectation of privacy in locked apartment hallway); but cf. United States v. Villegas, 495 F.3d 761, 771-72 (7th Cir.…
discussed Cited as authority (rule) United States v. Martin
10th Cir. · 2010 · confidence medium
Compare United States v. Gamer, 338 F.3d 78, 80 (1st Cir.2003) (no reasonable expectation in basement common area of apartment building); United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir.1993) (no *1300 reasonable expectation in hallway of high-rise apartment building); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (no reasonable expectation of privacy in the common hallway of a locked apartment building), with United States v. Carriger, 541 F.2d 545, 552 (6th Cir.1976) (finding a reasonable expectation of privacy in the common hallway of a locked apartment building).
cited Cited as authority (rule) State v. Talley
Tenn. · 2010 · confidence medium
Id. at 816.
discussed Cited as authority (rule) United States v. Correa (2×)
D.N.J. · 2009 · confidence medium
See e.g., United States v. Nohara, 3 F.3d 1239, 1241 (9th Cir.1993) (finding no reasonable expectation of privacy in the hallways of a high security, high rise apartment complex); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (noting that “the area outside one’s door lacks anything like the privacy of the area inside”, and holding that “a tenant has no reasonable expectation of privacy in the common areas of an apartment building.”); United States v. Holland, 755 F.2d 253, 255 (2d Cir.1985) (holding that “common halls and lobbies of multi-tenant buildings are not …
cited Cited as authority (rule) United States v. Bedell
2d Cir. · 2009 · confidence medium
See United States v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir.1976); see also United States v. Fields, 113 F.3d 313, 322 (2d Cir.1997); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1978).
cited Cited as authority (rule) United States v. Bedell
2d Cir. · 2009 · confidence medium
See United States v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir.1976); see also United States v. Fields, 113 F.3d 313, 322 (2d Cir.1997); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1978).
discussed Cited as authority (rule) United States v. Deans
D. Minnesota · 2008 · confidence medium
United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (“The locks on the doors to the entrances of the apartment complex were to provide security to the occupants, not privacy in common hallways.”) (expressly *1095 rejecting contrary conclusion of United States v. Carriger, 541 F.2d 545 (6th Cir. 1976)).
discussed Cited as authority (rule) State v. Davis
Minn. Ct. App. · 2006 · confidence medium
The Eighth Circuit Court of Appeals has concluded that a person does not have a “reasonable expectation of privacy in the hallway of [an] apartment building.” United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977). “[C]ommon hallways ... [are] available for the use of residents and their guests, the landlord and his agents, and others having legitimate reasons to be on the premises.” Id.
examined Cited as authority (rule) Logan v. Commonwealth (4×)
Va. Ct. App. · 2005 · confidence medium
United States v. Nohara, 3 F.3d 1239, 1241 (9th Cir.1993) (no reasonable expectation of privacy in common hallways of apartment building); United States v. Holland, 755 F.2d 253, 255-56 (2d Cir.1985) (same); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (same); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (same); but see United States v. Carriger, 541 F.2d 545, 551 (6th Cir.1976) (holding residents have reasonable expectations of privacy in apartment hallways).
discussed Cited as authority (rule) Commonwealth v. Reed (2×)
Pa. Super. Ct. · 2004 · confidence medium
Majority Opinion at 962. ¶ 3 It is true that in circumstances similar to the one before us, both the Eight and Ninth Circuit Court of Appeals have declared "[a]n expectation of privacy necessarily implies an expectation that one will be free of any intrusion, not merely unwarranted intrusions." United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir.1993).
cited Cited as authority (rule) People v. Lyles
Ill. App. Ct. · 2002 · confidence medium
Ed. 2d 112 , 110 S. Ct. 2301 (1990); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977); United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir. 1993).
cited Cited as authority (rule) People v. Lyles
Ill. App. Ct. · 2002 · confidence medium
Ed. 2d 112 , 110 S. Ct. 2301 (1990); United States v. Eisler , 567 F. 2d 814, 816 (8th Cir. 1977); United States v. Nohara , 3 F.3d 1239, 1242 (9th Cir. 1993).
discussed Cited as authority (rule) United States v. Reynaldo Miravalles, Jr.
11th Cir. · 2002 · confidence medium
See United States v. Nohara, 3 F.3d 1239, 1241-42 (9th Cir.1993) (apartment hallway); United States v. Concepcion, 942 F.2d 1170, 1171-72 (7th Cir.1991) (apartment common areas); United States v. Barrios-Moriera, 872 F.2d 12, 14-15 (2d Cir.1989) (apartment hallway), overruled on other grounds by Horton v. Cal., 496 U.S. 128 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 (1990); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (apartment hallway).
discussed Cited as authority (rule) State v. Trecroci (2×)
Wis. Ct. App. · 2001 · confidence medium
United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977).
discussed Cited as authority (rule) State v. Hicks (2×)
Minn. Ct. App. · 1998 · signal: cf. · confidence medium
Cf. United States v. Nohara, 3 F.3d 1239, 1242 (9th Cir.1993) (concluding apartment building hallways available for use of residents, their guests, landlord and his agents, and others) (quoting United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977)).
discussed Cited as authority (rule) State v. Breuer
Iowa · 1998 · confidence medium
See United States v. Nohara, 3 F.3d 1239, 1242-43 (9th Cir.1993); United States v. Acosta, 965 F.2d 1248, 1251-52 (3d Cir.1992); United States. v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991); United States v. Barrios-Moriera, 872 F.2d 12, 14 (2d Cir.1989); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977). 6 .
discussed Cited as authority (rule) LPI Downtown Investors 1 v. Hahn
9th Cir. · 1998 · confidence medium
Nor can LPI effectively assert "an expectation of privacy that the [building] not be subject to unannounced, warrantless inspections," as an expectation of privacy "necessarily implies an expectation that one will be free of any intrusion, not merely unwarranted intrusions." Nohara, 3 F.3d at 1242 (emphasis in original), quoting United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977). 11 With respect to the individual apartment units, LPI similarly has no expectation of privacy.
discussed Cited as authority (rule) United States v. Conner
N.D. Iowa · 1996 · confidence medium
See United States v. McGrane, 746 F.2d 632, 634 (8th Cir.1984) (no expectation of privacy extends to the common areas of an apartment building; *839 therefore, a visual inspection of storage lockers in the basement did not violate the Fourth Amendment); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (holding that a defendant did not have a reasonable expectation of privacy in the hallway of an apartment building); accord United States v. Clark, 67 F.3d 1154, 1162 (5th Cir.1995) (a tenant has no reasonable expectation of privacy in a common stairs, walkway, or breezeway of an apartme…
discussed Cited as authority (rule) United States v. Walker
N.D.N.Y. · 1996 · confidence medium
United States v. Nohara, 3 F.3d 1239, 1241 (9th Cir.1993) (no reasonable expectation of privacy in hall of high security, high-rise apartment building) (citing United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (apartment common areas); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (apartment hallway); United States v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir.1976) (apartment garage); United States v. Anderson, 533 F.2d 1210, 1214 (D.C.Cir.1976) (rooming house hallway)).
cited Cited as authority (rule) United States v. Shabazz
D. Minnesota · 1995 · confidence medium
United States v. McGrane, 746 F.2d 632, 634 (8th Cir.1984); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977).
discussed Cited as authority (rule) United States v. Alan Nohara (2×)
9th Cir. · 1993 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (apartment common areas); United States v. Barrios-Moriera, 872 F.2d 12, 14 (2d Cir.) (apartment hallway), cert. denied, 493 U.S. 953 , 110 S.Ct. 364 , 107 L.Ed.2d 350 (1989); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (apartment hallway); United States v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir.1976) (apartment garage); United States v. Anderson, 533 F.2d 1210, 1214 (D.C.Cir.1976) (rooming house hallway).
discussed Cited as authority (rule) Brown v. United States
D.C. · 1993 · confidence medium
The area outside one’s door lacks anything like the privacy of the area inside’’); United States v. Burnett, supra, 281 U.S.App.D.C. at 434 , 890 F.2d at 1239 ; United States v. Holland, 755 F.2d 253, 255-256 (2d Cir.) (no expectation of privacy in common halls and lobbies of multi-tenant buildings) (collecting cases), cert. denied, 471 U.S. 1125 , 105 S.Ct. 2657 , 86 L.Ed.2d 274 (1985); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); United States v. Shima, 545 F.2d 1026, 1029 , aff’d on reh’g en banc, 560 F.2d 1287 (5th Cir.), cert. denied, 434 U.S. 996 , 98 S.Ct. 632 , …
discussed Cited as authority (rule) United States v. Acosta
unknown court · 1992 · confidence medium
See e.g., United States v. Perkins, 286 F.Supp. 259 (D.D.C.1968), aff’d, 432 F.2d 612 (D.C.Cir.), cert. denied, 400 U.S. 866 , 91 S.Ct. 108 , 27 L.Ed.2d 106 (1970); United States v. Concepcion, 742 F.Supp. 503, 505 (N.D.Ill.1990), aff'd, 942 F.2d 1170 (7th Cir.1991); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); United States v. Cruz Pagan, 537 F.2d 554, 557 (1st Cir.1976).
examined Cited as authority (rule) United States v. Concepcion (3×) also: Cited "see"
N.D. Ill. · 1990 · confidence medium
United States v. Acevedo, 627 F.2d 68 , 69 n. 1 (7th Cir.1980); United States v. Luschen, 614 F.2d 1164, 1173 (8th Cir.1980); United States v. Penco, 612 F.2d 19, 24-25 (2d Cir.1979); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); United States v. Shima, 545 F.2d 1026, 1029 (5th Cir.1977); United States v. Calhoun, 542 F.2d 1094, 1100 (9th Cir.1976); United States v. Cruz Pagan, 537 F.2d 554, 557-58 (1st Cir.1976); United States v. Anderson, 533 F.2d 1210, 1214 (D.C.Cir.1976); United States v. Freeman, 426 F.2d 1351 (9th Cir.1970); United States v. Conti, 361 F.2d 153, 157 (2d Cir.…
discussed Cited as authority (rule) State v. Batista
Fla. Dist. Ct. App. · 1988 · confidence medium
Thus, even assuming, arguendo, that a resident (a status which the defendant alleged but did not prove) may have a reasonable expectation of privacy in the common entries, hallways, and spaces of a locked or otherwise secured apartment building, see, e.g., United States v. Carriger, 541 F.2d 545 (6th Cir.1976); but see United States v. Holland, 755 F.2d 253, 256 (2d Cir.1985) (“we never have held that the common areas must be accessible to the public at large”); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977) (“expectation of privacy necessarily implies an expectation that one …
examined Cited as authority (rule) United States v. Mose Holland (4×) also: Cited "see"
2d Cir. · 1985 · confidence medium
See Rakas v. Illinois, 439 U.S. 128, 149 , 99 S.Ct. 421, 433 , 58 L.Ed.2d 387 (1978); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1978); United States v. Williams, 565 F.Supp. 353 , 361-62 & n. 15 (N.D.Ill.1983).
discussed Cited as authority (rule) United States v. William K. McGrane
8th Cir. · 1984 · confidence medium
United States v. Eisler, supra, 567 F.2d at 816 (emphasis in original); see United States v. Penco, 612 F.2d 19, 24-25 (2d Cir.1979) (apartment dweller’s expectation of privacy does not extend to common hallway, stairwell, or basement garage).
discussed Cited as authority (rule) United States v. Williams
N.D. Ill. · 1983 · confidence medium
See United States v. Acevedo, 627 F.2d 68 , 69 n. 1 (7th Cir.), cert. denied, 449 U.S. 1021 , 101 S.Ct. 587 , 66 L.Ed.2d 482 (1980); United States v. Luschen, 614 F.2d 1164, 1173 (8th Cir. 1980); United States v. Penco, 612 F.2d 19, 24-25 (2d Cir.1979); United States v. Eisler, 567 F.2d 814, 816 (8th Cir.1977); United States v. Shima, 545 F.2d 1026, 1029 (5th Cir.), cert. denied, 434 U.S. 996 , 98 S.Ct. 632 , 54 L.Ed.2d 490 (1977); United States v. Calhoun, 542 F.2d 1094, 1100 (9th Cir. 1976), cert. denied, 429 U.S. 1064 , 97 S.Ct. 792 , 50 L.Ed.2d 781 (1977); United States v. Cruz Pagan, 537 …
cited Cited as authority (rule) Hubert v. State
Alaska Ct. App. · 1981 · confidence medium
See, e.g., United States v. Moore, 463 F.Supp. 1266 (S.D.N.Y. 1979); United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977).
discussed Cited "see" United States v. Gregory McCoy
8th Cir. · 2023 · signal: see · confidence high
See United States v. Eisler, 567 F.2d 814, 817 (8th Cir. 1977) (holding that an experienced agent familiar with field tests could testify about the results of the test he conducted).
cited Cited "see" Freeman v. Ally Financial, Inc.
D. Minnesota · 2021 · signal: see · confidence high
See United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977).
discussed Cited "see" United States v. Eric Michelle Hunter (2×)
8th Cir. · 2014 · signal: see · confidence high
When the police dog sniffed outside the door to Hunter’s apartment from a common hallway, binding Eighth Circuit precedent had established that a “sniff of the apartment door frame from a common hallway did not constitute a search subject to the Fourth Amendment.” United States v. Scott, 610 F.3d 1009, 1015-16 (8th Cir. 2010), cert. denied, 131 S. Ct. 964 (2011); see United States v. McGrane, 746 F.2d 632, 634-35 (8th Cir. 1984), citing United States v. Eisler, 567 F.2d 814, 816 (8th Cir. 1977).
examined Cited "see" State v. Nguyen (3×)
N.D. · 2013 · signal: see · confidence high
See Eisler, 567 F.2d at 816 .
examined Cited "see" United States v. Frank McCaster (10×)
8th Cir. · 1999 · signal: see · confidence high
See Eisler, 567 F.2d at 816 ; McGrane, 746 F.2d at 634 ; Luschen, 614 F.2d at 1173 .
UNITED STATES of America, Appellee,
v.
Gregory K. EISLER, Appellant; UNITED STATES of America, Appellee, v. Robert Alan HOFF, Appellant
77-1042 and 77-1246.
Court of Appeals for the Eighth Circuit.
Jan 9, 1978.
567 F.2d 814
Neal J. Shapiro, Minneapolis, Minn., argued and on brief, for appellant Eisler., John Whylde, St. Paul, Minn., argued for appellant Hoff; Joseph S. Friedberg, Minneapolis, Minn., on brief., John M. Lee, Asst. U. S. Atty. (argued), ' and Robert G. Renner (former U. S. Atty.), Minneapolis, Minn., on brief, for appellee.
Lay, Ross, Miller.
Cited by 79 opinions  |  Published
MILLER, Judge.

Eisler and Hoff appeal their conviction after a joint trial by jury on a two-count indictment charging each with distribution of heroin, a Schedule I controlled narcotic substance, on August 18, 1976, in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2, and with conspiracy to distribute heroin on the same date in violation of 21 U.S.C. § 846. We affirm.

Appellants advance several grounds for reversal. They assert that the testimony of Ronald Tomcik, a special agent with the Drug Enforcement Administration (“DEA”), should have been stricken or a mistrial granted when the Government could not produce his original surveillance notes because another agent had destroyed them. Eisler also argues that the Government violated Fed.R.Crim.P. 16 by failing to produce statements made by him to other Government agents and recorded in their notes and reports. Appellants further assert that the district court committed reversible error in allowing the testimony of DEA Agent Kramer about conversations he overheard between them while he was inside Hoff’s apartment building, because he had no warrant or permission from the landlord to be in the building and, therefore, had violated appellants’ constitutional right to be free from unreasonable searches. Finally, Hoff argues that error was committed when DEA Agent Kryger was permitted to testify concerning the results of a field test he conducted on traces of a brown powder found in Hoff’s apartment, considering that the trial court had excluded the expert testimony of a chemist (on the results of tests he had performed) because of failure of the Government (in violation of Fed.R.Crim.P. 16) to disclose, prior to trial, the existence of the chemist’s report; also, that a mistrial should have been declared for such failure of the Government.

. Background

. On the morning of August 18, 1976, Agent Kryger and an unnamed informant met Eisler and drove to a nearby restaurant where an agreement was entered into for Kryger to purchase heroin. Thereupon, Eisler made a phone call to his source of drugs. Tomcik, who was also in the restaurant, overheard the phone conversation. Kryger, the informant, and Eisler then left the restaurant and drove to an apartment complex at 5720 East River Road in Fridley, Minnesota. Kryger paid Eisler $920 and[*816] remained in his car while Eisler entered the building.

Kramer, who earlier that morning had gained entry to the apartment complex by going in right behind a tenant who had opened a door, [1] watched from a common hallway and saw Eisler enter and leave Hoff’s apartment. He also overheard conversations between Eisler and Hoff in the hallway and from within Hoff’s apartment. After leaving Hoff, Eisler rejoined Kryger, gave him a ten-dollar roll of quarters as change, and was driven home. Before leaving the car, he gave Kryger a clear plastic bag containing 8.5 grams of brown heroin.

Later that day Kryger returned to Hoff’s apartment and conducted a search pursuant to a warrant. This resulted in the recovery of $820 of the $920 that Kryger had paid Eisler, five rolls of quarters, a box of clear plastic bags, balloons, and a triple beam balance set at 8.5 grams. Kryger also recovered traces of a brown powder on the rim of the bathroom toilet seat which, when field tested, gave a positive indication of the presence of opium alkaloid. Further tests on the powder conducted by a chemist were inconclusive due to the small amount recovered; such tests completely consumed the remainder of the powder.

OPINION

Agent Kramer's Presence in the Hallway of Hoff’s Apartment Building

With respect to appellants’ assertion that Kramer’s testimony concerning his observations and the overheard conversations should have been stricken, we are not persuaded that the dispositive question is whether Kramer’s entry was a technical trespass. United States v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir. 1976). Rather, the essential inquiry is whether appellants had a reasonable expectation of privacy in the hallway of the apartment building. See Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967); United States v. Anderson, 175 U.S.App.D.C. 75, 533 F.2d 1210 (1976). We hold that they did not. [2] The locks on the doors to the entrances of the apartment complex were to provide security to the occupants, not privacy in common hallways. See United States v. St. Clair, 240 F.Supp. 338 (S.D.N.Y.1965). Appellants rely on the holding in United States v. Carriger, 541 F.2d 545 (6th Cir. 1976), but we do not agree with the court’s analysis in that case. [3] An expectation of privacy necessarily implies an expectation that one will be free of any intrusion, not merely unwarranted intrusions. The common hallways of Hoff’s apartment building were available for the use of residents and their guests, the landlord and his agents, and others having legitimate reasons to be on the premises. That Kramer was a technical trespasser in a common hallway is of no consequence since appellants had no reasonable expectation that conversations taking place there would be free from intrusion. Thus, there is a critical difference between the facts of this case and those in United States v. Fluker, 543 F.2d 709 (9th Cir. 1976), where the defendant’s apartment was isolated from other areas of the building and the court concluded that a reasonable expectation of privacy extended to the hallway immediate to such apartment.

Tests of Traces of Brown Powder Found in Hoff's Apartment

Regarding Hoff’s argument that the trial court should have granted a mistrial[*817] because of the Government’s failure to supply the defendants with a copy of the chemist’s report prior to trial pursuant to Fed.R.Crim.P. 16, [4] Hoff acknowledges that sanctions for Rule 16 violations are within the discretion of the trial court. Hansen v. United States, 393 F.2d 763 (8th Cir. 1968). Since he was not prejudiced by the chemist’s report, which was not admitted into evidence or used at trial, there clearly was no abuse of discretion in failing to declare a mistrial.

As to admissibility of the testimony of Kryger on the results of the field test he conducted, Hoff declares that it would be anomalous to admit Kryger’s nonexpert testimony while excluding the chemist’s expert testimony. However, he was charged and convicted of distribution of heroin, not possession. The brown powder found by Kryger on the toilet seat in Hoff’s apartment was not necessary to the Government’s case; and the heroin distributed by Hoff to Eisler and then sold to Kryger was preserved by the Government and used at trial. Also, Kryger, as an experienced agent familiar with the field test, was competent to testify concerning the results of the test he conducted. United States v. Hampton, 507 F.2d 832 (8th Cir. 1974), aff’d [*818] on other grounds, 425 U.S. 484, 96 S.Ct. 1646, 48 L.Ed.2d 113 (1976). Finally, Hoff has not shown any bad faith destruction of evidence by the Government; nor any prejudice to him from the destruction of any evidence. See United States v. Henry, 487 F.2d 912 (9th Cir. 1973); United States v. Sewar, 468 F.2d 236 (9th Cir. 1972), cert, denied, 410 U.S. 916, 93 S.Ct. 972, 35 L.Ed.2d 278 (1973); Munich v. United States, 363 F.2d 859 (9th Cir. 1966). Although he argues that he could have made independent tests on the brown powder had it not been totally consumed, there is no evidence that a request to independently test the powder was made prior to trial.

Statements by Eisler to Government Agents

Regarding Eisler’s argument that the Government violated Fed.R.Crim.P. 16 [5] by failing to produce statements he made to Kryger and Kramer and recorded in their notes and reports, it appears that Eisler received a copy of a surveillance report at trial which he admits “for the most part” contains the conversations Kryger had with him; also, that Kramer’s rough notes were made available to Eisler since a copy of them is appended to Eisler’s brief. Under these circumstances, even if such conversations were discoverable under Rule 16(a), [6] no prejudice resulted. United States v. Fallen, 498 F.2d 172 (8th Cir. 1974); United States v. Finnigan, 504 F.2d 1355 (8th Cir. 1974).

We affirm the conviction of both defendants on the distribution counts. Since the sentences on the conspiracy counts were concurrent with those on the distribution counts, we do not, in the interests of judicial economy, pass on the propriety of the conviction on the conspiracy counts. [7] United States v. Williams, 548 F.2d 228 (8th Cir. 1977); United States v. Darnell, 545 F.2d 595 (8th Cir. 1976), cert. denied, 429 U.S. 1104, 97 S.Ct. 1134, 51 L.Ed.2d 556 (1977).

AFFIRMED.

1

. Entry to the building otherwise was by key or by a tenant inside an apartment “buzzing” to release the lock.

2

. However, such an expectation of privacy would ordinarily cover conversations that took place inside Hoffs apartment. See McDonald v. United States, 335 U.S. 451, 69 S.Ct. 191, 93 L.Ed. 153 (1948); but see United States v. Wilkes, 451 F.2d 938 (2d Cir. 1971). Kramer testified that he overheard Hoff respond to Eis-ler’s “buzz” at the entrance door by asking “Who is it” and that Eisler answered “Ard-vark.” Admission of that testimony was error, but it was harmless. Appellants’ objection appears to be aimed principally at Kramer’s presence in the hallway and the conversations in the hallway that he overheard.

3

. It should be noted that the Carriger panel departed from several earlier cases in various circuits holding that a law enforcement officer’s presence in the common areas of buildings does not violate a tenant’s constitutional rights. Id. at 549.

4

. Rule 16 provides in pertinent part:

Rule 16. Discovery and Inspection.
(a) Disclosure of Evidence by the Government.
(1) Information Subject to Disclosure.
(A) Statement of Defendant. Upon request of a defendant the government shall permit the defendant to inspect and copy or photograph: any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government; the substance of any oral statement which the government intends to offer in evidence at the trial made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a government agent; and recorded testimony of the defendant before a grand jury which relates to the offense charged. Where the defendant is a corporation, partnership, association or labor union, the court may. grant the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a grand jury who (1) was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or (2) was, at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct in which he was involved.
(D) Reports of Examinations and Tests. Upon request of a defendant the government shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government, and which are material to the preparation of the defense or are intended for use by the government as evidence in chief at the trial.
(d) Regulation of Discovery.
(1) Protective and Modifying Orders. Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party’s statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
(2) Failure to Comply with a Request. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or , it may enter such other order as it deems just under the circumstances. The court may specify the time, place and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.
5

. See note 4 supra.

6

. We express no opinion on this question.

7

. Thus, we do not reach the issue of the Government’s failure to produce Tomcik’s original surveillance notes. His objected-to testimony on the overheard conversation had to do only with the conspiracy counts.