United States v. Gamalier Concepcion, 942 F.2d 1170 (7th Cir. 1991). · Go Syfert
United States v. Gamalier Concepcion, 942 F.2d 1170 (7th Cir. 1991). Cases Citing This Book View Copy Cite
“how much cause agents need to do something depends on how deeply they invade the zone of privacy.”
171 citation events (140 in the last 25 years) across 36 distinct courts.
Strongest positive: Carr v. Warden (innd, 2024-09-16) · Strongest negative: United States v. Castellanos (nysd, 1993-04-07)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited "but see" United States v. Castellanos
S.D.N.Y. · 1993 · signal: but see · confidence high
"The penetration and manipulation- — cursory or sustained, modest or substantial — of the guardian mechanisms of [locked objects] is no trivial matter for Fourth Amendment purposes.” Id.; but see U.S. v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (although "inserting and turning the key” in the lock to an apartment door is a search, since it yields "information [about] the inside of the lock, which is both used frequently by the owner and not open to public view,” warrant was not necessary, because search was "reasonable,” and "although a warrant may be an essential ingredient …
discussed Cited as authority (verbatim quote) Carr v. Warden
N.D. Ind. · 2024 · quote attribution · 1 verbatim quote · confidence high
tenant has no reasonable expectation of privacy in the common areas of an apartment building.
examined Cited as authority (verbatim quote) United States v. Saul Melero (3×) also: Cited "see"
7th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
inserting and turning the key is a 'search
examined Cited as authority (verbatim quote) United States v. Saul Melero (3×) also: Cited "see"
7th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
inserting and turning the key is a 'search
discussed Cited as authority (verbatim quote) Leaf, Larry J. v. Shelnutt, Ronald
7th Cir. · 2005 · signal: see also · quote attribution · 1 verbatim quote · confidence high
how much cause agents need to do something depends on how deeply they invade the zone of privacy.
cited Cited as authority (rule) State of New Jersey v. Troy K. Russell
N.J. Super. Ct. App. Div. · 2025 · confidence medium
Super. 538, 547 (App. A-0330-23 14 Div. 1995 ) (citing United States v. Concepcion, 942 F.2d 1170, 1171-72 (7th Cir. 1991)).
discussed Cited as authority (rule) Plascencia v. United States (2×) also: Cited "see"
W.D. Okla. · 2024 · confidence medium
Id., 942 F.2d at 1173 (“Although the owner of a lock has a privacy interest in a keyhole – enough to make the inspection of that lock a “search” – the privacy interest is so small that the officers do not need probable cause to inspect v. Lyons, 898 F.2d 210, 212 (1st Cir. 1990) (insertion of key seized from defendant into padlock of storage unit for purposes of identifying ownership not a search).11 Generally, counsel is not ineffective for failing to predict future law.
discussed Cited as authority (rule) United States v. Tyrone Maxwell
7th Cir. · 2023 · confidence medium
Inserting a key into a keyhole requires only a “slight justification,” id., because “[h]ow much cause agents need to do something depends on how deeply they invade the zone of privacy.” United States v. Concepcion, 942 F.2d 1170, 1173 (7th Cir. 1991).
discussed Cited as authority (rule) United States v. Robert Miller
7th Cir. · 2023 · confidence medium
Similarly, in United States v. Concepcion, a DEA agent con- fiscated keys from an arrested suspect and tested one of them in the locked door of what the agent thought was the suspect’s apartment; when the door opened, the agent sought and obtained the suspect’s consent to search. 942 F.2d 1170, 1171 (7th Cir. 1991).
discussed Cited as authority (rule) United States v. Edward Thompson (2×) also: Cited "see"
7th Cir. · 2016 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991).
discussed Cited as authority (rule) United States v. Thompson (2×) also: Cited "see"
7th Cir. · 2016 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991).
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) United States v. Eugene Sweeney
7th Cir. · 2016 · confidence medium
United States v. Villegas, 495 F.3d 761, 767-68 (7th Cir.2007) (internal duplex hallway); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (shared entrance to apartment building); *899 cf. United States v. Boden, 854 F.2d 983, 990 (7th Cir.1988) (common area of rental storage unit facility).
discussed Cited as authority (rule) United States v. Lonnie Whitaker (2×) also: Cited "see"
7th Cir. · 2016 · confidence medium
See United States v. Espinoza, 256 F.3d 718, 723 (7th Cir.2001) (holding “tenants lack a legitimate expectation of privacy in the common areas of multifamily buildings”); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (holding “tenant has no reasonable expectation of privacy in the common areas of an apartment building”); Harney v. City of Chicago, 702 F.3d 916 (7th Cir.2012) (“Absent certain particular facts not alleged here, there is no reasonable expectation of privacy in common areas of multiple dwelling buildings.”).
discussed Cited as authority (rule) United States v. Bain (2×) also: Cited "see, e.g."
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 …
cited Cited as authority (rule) United States v. Terrion Herman
7th Cir. · 2014 · confidence medium
See, e.g., United States v. Villegas, 495 F.3d 761, 767-69 (7th Cir.2007); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991).
cited Cited as authority (rule) Britt v. Anderson
N.D. Ill. · 2014 · confidence medium
Id. at 807 (relying on United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991)).
discussed Cited as authority (rule) Timothy Harney v. City of Chicago
7th Cir. · 2012 · confidence medium
See, e.g., United States v. Villegas, 495 F.3d 761, 767-68 (7th Cir.2007) (finding no reasonable expectation of privacy in the common hallway of a duplex building); United States v. Espinoza, 256 F.3d 718, 723 (7th Cir.2001) (noting that tenants in a multi-family building lack a reasonable expectation of privacy in common areas of the building); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (holding that the defendant lacked a reasonable expectation of privacy in an apartment bmlding’s common entrance).
discussed Cited as authority (rule) People v. Robinson (2×) also: Cited "see"
Cal. Ct. App. · 2012 · confidence medium
“A ‘search’ occurs when an expectation of privacy that society is prepared to consider reasonable is infringed.” (United States v. Jacobsen (1984) 466 U.S. 109, 113 [ 80 L.Ed.2d 85 , 104 S.Ct. 1652 ], fn. omitted.) 11 The court in U.S. v. Concepcion (7th Cir. 1991) 942 F.2d 1170, 1172 (Concepcion), concluded that testing a key in an apartment door lock was a search, reasoning: “A keyhole contains informa tion—information about who has access to the space beyond.
discussed Cited as authority (rule) United States v. Flores-Lopez
7th Cir. · 2012 · confidence medium
In United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991), police officers tested the keys of a person they had arrested on various locks to discover which door gave ingress to his residence, and this we said was a search—and any doubts on that score have been scotched by United States v. Jones, — U.S. -, 132 S.Ct. 945, 949 , 181 L.Ed.2d 911 (2012), which holds that attaching a GPS device to a vehicle is a search because “the Government physically occupied private property for the purpose of obtaining information.” But we went on to hold in Concepcion that a minimally invas…
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. 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) State v. Talley
Tenn. · 2010 · confidence medium
Thereafter, the Seventh Circuit, United States v. Concepcion, 942 F.2d 1170, 1171-72 (7th Cir.1991), and the Ninth Circuit, United States v. Nohara, 8 F.3d 1289 , 1241-42 (9th Cir.1993), followed suit.
cited Cited as authority (rule) United States v. Daniels
4th Cir. · 2009 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991).
discussed Cited as authority (rule) State v. Robinson
N.H. · 2009 · confidence medium
Here, the privacy interest at stake is “so small that the officers do not need probable cause to inspect it.” United States v. Concepcion, 942 F.2d 1170, 1173 (7th Cir. 1991); accord United States v. Lyons, 898 F.2d 210, 212-13 (1st Cir. 1990), cert. denied, 498 U.S. 920 (1990); United States v. DeBardeleben, 740 F.2d 440, 443-45 (6th Cir. 1984), cert. denied, 469 U.S. 1028 (1984); Com. v. Alvarez, 661 N.E.2d 1293, 1303 (Mass. 1996).
cited Cited as authority (rule) United States v. Daniels
4th Cir. · 2009 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991).
cited Cited as authority (rule) United States v. Daniels
4th Cir. · 2009 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991).
discussed Cited as authority (rule) United States v. Correa
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 …
discussed Cited as authority (rule) United States v. Moses (2×)
4th Cir. · 2008 · confidence medium
See United States v. Salgado, 250 F.3d 438, 456 (6th Cir.2001); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991); United States v. Lyons, 898 F.2d 210, 212-13 (1st Cir.1990); cf. United States v. $109,179 in U.S. Currency, 228 F.3d 1080, 1087 (9th Cir.2000) ("[T]o the extent that [our earlier case] held that the insertion of the key into the lock was the beginning of a search, it is inapplicable here since there was no search that followed" (emphasis omitted)).
discussed Cited as authority (rule) United States v. Deans
D. Minnesota · 2008 · confidence medium
United States v. Salgado, 250 F.3d 438, 455-57 (6th Cir.2001); United States v. Concepcion, 942 F.2d 1170, 1173 (7th Cir.1991) (“Although the owner of a lock has a privacy interest in a keyhole-enough to make the inspection of that lock a ‘search’-the privacy interest is so small that the officers do no need probable cause to inspect it.
examined Cited as authority (rule) United States v. Villegas, Ricardo (3×) also: Cited "see"
7th Cir. · 2007 · confidence medium
See United States v. Espinoza, 256 F.3d 718, 723 (7th Cir. 2001) (noting that tenants in multi- family housing buildings lack a reasonable expectation of privacy in common areas of the buildings); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir. 1991) (holding that the defendant had no reasonable expectation that his activities in an apartment building’s common entrance would remain his secret).
examined Cited as authority (rule) United States v. Villegas (6×) also: Cited "see"
7th Cir. · 2007 · confidence medium
See United States v. Espinoza, 256 F.3d 718, 723 (7th Cir.2001) (noting that tenants in multifamily housing buildings lack a reasonable expectation of privacy in common areas of the buildings); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (holding that the defendant had no reasonable expectation that his activities in an apartment building’s common entrance would remain his secret).
discussed Cited as authority (rule) Reeves v. Churchich
10th Cir. · 2007 · confidence medium
Id. at 1172 (citations and quotations omitted). 21 *1258 In both Silverman and Concepcion the courts found the police officers’ insertion of an object into the home, or at least its lock, constituted a search.
discussed Cited as authority (rule) United States v. Irwin A. Dillard
6th Cir. · 2006 · confidence medium
See, e.g., United States v. Miravalles, 280 F.3d 1328, 1331-33 (11th Cir.2002) (unlocked hallway of multi-unit apartment building); United States v. Brown, 169 F.3d 89, 92 (1st Cir.1999) (unlocked lobby of multi-unit apartment building); Acosta v. United States, 965 F.2d 1248 , 1251-54 (3d Cir.1992) (unlocked hallway of multi-unit apartment building); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991) (locked hallway of six-unit dwelling); United States v. Holland, 755 F.2d 253, 255-56 (2d Cir.1985) (locked hallway of duplex).
discussed Cited as authority (rule) United States v. Dillard
6th Cir. · 2006 · confidence medium
See, e.g., United States v. Miravalles, 280 F.3d 1328, 1331-33 (11th Cir. 2002) (unlocked hallway of multi- unit apartment building); United States v. Brown, 169 F.3d 89, 92 (1st Cir. 1999) (unlocked lobby of multi-unit apartment building); Acosta v. United States, 965 F.2d 1248 , 1251-54 (3d Cir. 1992) (unlocked hallway of multi-unit apartment building); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir. 1991) (locked hallway of six-unit dwelling); United States v. Holland, 755 F.2d 253, 255-56 (2d Cir. 1985) (locked hallway of duplex).
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) State v. Ponce (2×)
N.M. Ct. App. · 2004 · confidence medium
See United States v. $109,179 In United States Currency, 228 F.3d 1080, 1087-88 (9th Cir. 2000) (distinguishing Portillo-Reyes and holding that insertion of key obtained in pat-down search of the claimant into lock of a vehicle door for the sole purpose of aiding the police in the identification of an individual was not an unreasonable search); United States v. Concepcion, 942 F.2d 1170, 1172-73 (7th Cir.1991) (holding that insertion of key obtained from the defendant after he was arrested into lock of apartment door did not violate the Fourth Amendment); Lyons, 898 F.2d at 213 (concluding tha…
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).
examined Cited as authority (rule) United States v. Nettles (3×) also: Cited "see"
N.D. Ill. · 2001 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1171-72 (7th Cir.1991) (collecting authority); United States v. Barrios-Moriera, 872 F.2d 12, 14-15 (2nd Cir.1989), abrogated on other grounds, Horton v. California, 496 U.S. 128 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 (1990).
discussed Cited as authority (rule) United States v. $109,179 in United States Currency, Leonard C. Maggio, Claimant-Appellant
9th Cir. · 2000 · signal: cf. · confidence medium
Cf. United States v. Concepcion, 942 F.2d 1170, 1173 (7th Cir.1991) (finding no Fourth Amendment violation where police inserted keys into lock of apartment door because "the privacy interest [in the keyhole] is so small that the officers do not need probable cause to inspect it”); United States v. DeBardeleben, 740 F.2d 440, 445 (6th Cir.1984) (upholding insertion of a key into a car door lock because it was "merely a minimal intrusion, justified by a ‘founded suspicion’ and by the legitimate crime investigation”).
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) 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) State v. Weaver
Mo. · 1995 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1172 (7th cir. 1991); United States v. Lyons, 898 F.2d 210, 212-13 (1st cir. 1990); United States v. Grandstaff, 813 F.2d 1353 , 1358 n. 5 (9th cir. 1987).
cited Cited as authority (rule) State v. Brown
N.J. Super. Ct. App. Div. · 1995 · confidence medium
United States v. Concepcion, 942 F. 2d 1170, 1171-72 (7th Cir.1991).
discussed Cited as authority (rule) United States v. Carl Edward Dickson
8th Cir. · 1995 · confidence medium
We need not delve, fortunately, into the intricacies of whether trying a key in a lock is a search, see, e.g., United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991); United States v. Lyons, 898 F.2d 210, 212-13 (1st Cir.1990), cert. denied, 498 U.S. 920 , 111 S.Ct. 295 , 112 L.Ed.2d 249 (1990); United States v. Grandstaff, 813 F.2d 1353 , 1358 n. 5 (9th Cir.1987) (per curiam), cert. denied, 484 U.S. 837 , 108 S.Ct. 119 , 98 L.Ed.2d 78 (1987); and United States v. DeBardeleben, 740 F.2d 440 , 443-44 n. 1 (6th Cir.1984), cert. denied, 469 U.S. 1028 , 105 S.Ct. 448 , 83 L.Ed.2d 373 (198…
cited Cited as authority (rule) United States v. Brown
E.D. Wis. · 1994 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1173 (7th Cir.1991).
discussed Cited as authority (rule) Hualde Redin v. Torres
1st Cir. · 1993 · confidence medium
United States v. Concepcion, 942 F.2d 1170, 1171 (7th Cir. 1991) (officers' entry into locked common area shared by five tenants did not violate the Fourth Amendment because a tenant has no reasonable expectancy of privacy in the common areas of an apartment building); United States v. Penco, 612 F.2d 19, 24-25 (2d Cir. 1979) ("The Fourth Amendment protection accorded to an apartment dweller's home does not extend to the lobby of his apartment building ... or the area just inside a hall door that was meant to lock but did not ... or the hallway just outside his apartment door...."); United Sta…
discussed Cited as authority (rule) United States v. Alan Nohara
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) United States v. Harris
D.C. · 1993 · confidence medium
See, e.g., United States v. Acosta, 965 F.2d 1248, 1251-53 (3d Cir.1992); United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991); United States v. Holland, 755 F.2d 253, 255 (2d Cir.), cert. denied, 471 U.S. 1125 , 105 S.Ct. 2657 , 86 L.Ed.2d 274 (1985).
UNITED STATES of America, Plaintiff-Appellee,
v.
Gamalier CONCEPCION, Defendants-Appellant
90-3521.
Court of Appeals for the Seventh Circuit.
Nov 8, 1991.
942 F.2d 1170
Jacqueline Oreglia (argued), Crim. Div., Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee., Patrick A. Tuite, Brent D. Stratton (argued), Chicago, Ill., for defendant-appellant.
Bauer, Easterbrook, Eschbach.
Cited by 102 opinions  |  Published
EASTERBROOK, Circuit Judge.

Gamalier Concepcion consented to the search of his apartment, where agents of the Drug Enforcement Administration found cocaine. He pleaded guilty to possession of that drug with intent to distribute it, 21 U.S.C. § 841, and received 41 months’ imprisonment, reserving for appeal his objection to the validity of his consent. Fed.R.Crim.P. 11(a)(2). Concepcion does not deny giving consent (he signed a form), and does not renew on appeal the argument, which did not persuade the district judge, that the consent was involuntary.

Concepcion contends that his consent is the fruit of two unlawful searches. After arresting him, the agents seized his possessions, including his keys. They found the nameplate “Concepcion” on the mailbox of a nearby apartment building. One of Concepcion’s keys opened the outer door. Inside the common area, the agents used the key to unlock apartment 1C. They opened the door an inch but immediately closed and locked it without looking inside. Next they asked Concepcion to consent to the search of apartment 1C. Concepcion denied knowing anything about the apartment; after the agents told him that his key opened the lock, that his name was on the mailbox, and that they had watched him most of the day and seen him use the apartment building, Concepcion relented and signed the consent form. The district court concluded that neither the entry into the common area nor the insertion of the key into the lock was an unreasonable search. 742 F.Supp. 503 (N.D.Ill.1990).

The district court believed that neither step was an unreasonable search because neither was a search at all. As the court observed, a “search” is the invasion of a sphere in which society recognizes[*1172] reasonable expectations of privacy. United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85 (1984). Concepcion could not assert an expectation of “privacy” in the common area, the court concluded, because the other five tenants sharing the same entrance used the space and could admit as many guests as they pleased; Concepcion had no expectation that goings-on in the common areas would remain his secret. Indeed, it is odd to think of an expectation of “privacy” in the entrances to a building. The vestibule and other common areas are used by postal carriers, custodians, and peddlers. The area outside one’s door lacks anything like the privacy of the area inside. We think the district court on solid ground in holding that a tenant has no reasonable expectation of privacy in the common areas of an apartment building. See United States v. Acevedo, 627 F.2d 68, 69 n. 1 (7th Cir.1980); United States v. Boden, 854 F.2d 983 (7th Cir.1988). See also, e.g., United States v. Holland, 755 F.2d 253 (2d Cir.1985); United States v. Penco, 612 F.2d 19 (2d Cir.1979); United States v. Eisler, 567 F.2d 814 (8th Cir.1977); United States v. Shima, 560 F.2d 1287 (5th Cir.1977) (in banc). To the extent United States v. Rosenberg, 416 F.2d 680 (7th Cir.1969), and United States v. Case, 435 F.2d 766 (7th Cir.1970), imply otherwise, they have not survived changes in the Supreme Court’s definition of protected privacy interests.

Strange as it may seem, the entry of the key into the lock presents a harder question than the entry of the agents into the hallway. A keyhole contains information — information about who has access to the space beyond. As the fourth amendment protects private information rather than formal definitions of property, see Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987); Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), the lock is a potentially protected zone. And as the tumbler of a lock is not accessible to strangers, unlike the information about telephone numbers in the pen register case, Smith v. Maryland, 442 U.S. 735, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979), the use of an instrument to examine its workings (that is, a key) looks a lot like a search. So the ninth circuit held in United States v. Portillo-Reyes, 529 F.2d 844 (9th Cir.1975), and although it has had second thoughts, see United States v. Grandstaff, 813 F.2d 1353, 1358 n. 5 (9th Cir.1987), it has not overruled Portillo-Reyes. The first and sixth circuits, however, have held the opposite, United States v. Lyons, 898 F.2d 210, 212-13 (1st Cir.1990); United States v. DeBar deleben, 740 F.2d 440, 443-45 (6th Cir.1984), and the district court followed these opinions.

Because the agents obtain information from the inside of the lock, which is both used frequently by the owner and not open to public view, it seems irresistible that inserting and turning the key is a “search”. Hicks provides a close parallel, holding that turning over a phonograph to read its serial number is a search. The bottom of a turntable is no more a storehouse for personal secrets than are the innards of a lock, yet the Court held the fourth amendment applicable. It does not follow, however, that the agents need a warrant or even probable cause to put a key into a lock. Hicks said that a warrant was unnecessary. The fourth amendment requires that searches be reasonable, and although a warrant may be an essential ingredient of reasonableness much of the time, for less intrusive searches it is not. E.g., California v. Acevedo, — U.S. -, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991). The agents properly arrested Concepcion without a warrant, see United States v. Watson, 423 U.S. 411, 96 S.Ct. 820, 46 L.Ed.2d 598 (1976), and they properly searched his pockets and seized his keys without a warrant, see United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973). Why then should a warrant be necessary to learn whether the keys in Concepcion’s possession operate a lock?

Consider what information the “search” of the lock revealed. It told the agents that Gamalier Concepcion was the[*1173] tenant of an apartment bearing the name “Concepcion”. This information induced him to consent. Where Gamalier Concepcion lived was something the agents could have ascertained in many other ways. They could have looked him up in the telephone book or conducted a computer search of drivers’ licenses. If they did not find him (or if they found too many persons of the same name), they could have visited the landlord and asked who lived in apartment 1C. Instead of asking the landlord who lived there, they could have shown the landlord the key in their possession and asked the landlord to compare it with the key issued to the tenant. So too the agents could have followed Concepcion around to learn his residence (as they did; the key just confirmed what they thought they knew). The information the agents obtained from putting the key in the lock thus was no secret. What the officers learned from inverting the turntable in Hicks they could not have come by in any other way; these agents thus invaded less of Concepcion’s interest in security of information when they used the key to verify his address. How much cause agents need to do something depends on how deeply they invade the zone of privacy. United States v. Chaidez, 919 F.2d 1193, 1197-98 (7th Cir. 1990). Concepcion, who was not hiding anything in the lock (an unlikely repository for cocaine or a diary, although perhaps James Bond could use it for a microdot), had no interest other than the identity of his apartment. Although the owner of a lock has a privacy interest in a keyhole— enough to make the inspection of that lock a “search” — the privacy interest is so small that the officers do not need probable cause to inspect it. Because agents are entitled to learn a suspect’s address without probable cause, the use of the key to accomplish that objective did not violate the fourth amendment.

Affirmed.