Minnesota v. Carter

In Minnesota v. Carter, 525 U.S. 83 (1998), two defendants were in the apartment of the lessee for the sole purpose of packaging cocaine. The two defendants paid the lessee of the apartment one-eighth of an ounce of cocaine for the two and one-half hours they used the apartment. There was no indication that the two defendants had a prior relationship with the lessee of the apartment. The Supreme Court held that, unlike the overnight guest in Minnesota v. Olson, the two defendants in Carter had no reasonable expectation of privacy in the apartment because they were guests "simply permitted on the premises" and were present solely for a business transaction. Carter, 525 U.S. at 91, 119 S. Ct. at 474, 142 L. Ed. 2d at 381. Police looked through a closed blind inside an apartment window and observed three individuals placing white powder into baggies. Two of the three individuals were visiting from a distant city, and the other individual leased and occupied the apartment. With the lessee's permission, the two visitors had been in the apartment for approximately two and one-half hours packaging cocaine. In return, the lessee was to receive some of the drug. After leaving the apartment, the two visitors were arrested and charged with committing drug crimes. Both moved to suppress the evidence, claiming that the initial police observation of their packaging activities constituted an unreasonable search. On appeal, the Supreme Court again recognized that overnight guests may claim the protection of the Fourth Amendment. However, the Court noted that the defendants were in the apartment essentially for a business transaction, had no other purpose for being there, had no previous relationship with the lessee, and were there for only a matter of hours. The Court held that the defendants were not overnight guests, lacked a legitimate expectation of privacy in the apartment and, therefore, could not successfully assert a Fourth Amendment challenge to the police search. In sum, two defendants were present in another person's apartment for a short time for the sole purpose of packaging cocaine. 525 U.S. at 88, 199 S. Ct. 469. Reasoning that the facts of the case fell "somewhere in between" an overnight guest found to have an expectation of privacy protected by the Fourth Amendment in Olson, and a guest merely permitted on the premises who cannot claim the protection of the Fourth Amendment, the Court emphasized "the purely commercial nature of the transaction engaged in here, the relatively short period of time on the premises, and the lack of any previous connection between respondents and the householder." Id. at 91. In doing so, the Carter Court concluded that the "situation is closer to that of one simply permitted on the premises," and held that the defendants did not have an expectation of privacy in the premises sufficient to challenge the search. Id. Therefore, any search that may have occurred did not violate their Fourth Amendment rights. Id. It is important to note that Carter was a plurality opinion in which Justice Kennedy provided the fifth vote necessary for a majority, writing in a special concurrence that, "as a general rule, social guests will have an expectation of privacy in their host's home." Id. at 102 (Kennedy, J., concurring). Justice Kennedy noted that the defendants in Carter were not social guests but had used the apartment merely as a processing station to prepare drugs for sale. Relying on the specific facts presented in Carter, Justice Kennedy concluded that the defendants were an exception to the rule that social guests will have an expectation of privacy. He wrote: "I join the Court's opinion, for its reasoning is consistent with my view that almost all social guests have a legitimate expectation of privacy, and hence protection against unreasonable searches, in their host's home." Id. at 99.