When Is a Residence Abandoned under the Fourth Amendment?

An officer normally needs a search warrant to search a residence, unless an exception to the warrant requirement applies. That’s because residences are protected by a reasonable expectation of privacy under the Fourth Amendment. But what about residences that lie vacant and in disrepair? At what point do they become abandoned such that the reasonable expectation of privacy no longer applies? This question usually arises when an officer enters a residential structure without a warrant and finds a person and evidence of a crime inside. If the person is a squatter, there is no need to reach the issue of abandonment because a squatter does not have a reasonable expectation of privacy. Because the squatter is not a lawful occupant, society does not deem him or her to have a valid privacy interest in the residence. United States v. McRae, 156 F.3d 708 (6th Cir. 1998) (“[T]he district court properly concluded that [the defendant] did not have a legitimate expectation of privacy by virtue of having stayed a week in the vacant premises that he did not own or rent.”); United States v. Dodds, 946 F.2d 726 (10th Cir. 1991) (ruling that although the defendant had “had used [a] vacant [and boarded up] apartment as a sleeping place before,” he had no reasonable expectation of privacy in the property as he was not a rightful occupant). But if the person owns or rents the premises, a court may need to determine whether the person has legally abandoned the premises. It is [...]