People v. Leach, 21 N.Y.3d 970 (2013)
A defendant seeking to suppress evidence obtained from a search must demonstrate a legitimate expectation of privacy in the area searched, showing both a subjective expectation of privacy and that society recognizes that expectation as reasonable.
Summary
Defendant Leach sought to suppress a gun found in his grandmother’s apartment, arguing an illegal search. The New York Court of Appeals affirmed the lower courts’ denial of the suppression motion, holding that Leach failed to demonstrate a legitimate expectation of privacy in the specific bedroom where the gun was found. The court emphasized that the grandmother testified the room was reserved for other visiting grandchildren, and Leach had his own separate bedroom. Because there was record support for the lower courts’ finding that Leach lacked a reasonable expectation of privacy, the Court of Appeals upheld the denial of the motion to suppress.
Facts
Two shooters, identified as Tawond Leach and his brother, fired at an SUV occupied by three brothers. The victims identified the Leach brothers, noting they grew up together. Defendant Leach allegedly used a silver gun. The police arrested the Leach brothers at their grandmother’s apartment. A loaded silver gun was recovered from a bedroom in the apartment.
Procedural History
Leach was charged with attempted murder, attempted assault, reckless endangerment, and weapon possession. He moved to suppress the gun as evidence. The Supreme Court denied the motion. Leach was convicted on several counts. The Appellate Division affirmed. The New York Court of Appeals granted leave to appeal and affirmed the Appellate Division’s order.
Issue(s)
Whether the defendant met his burden of establishing a legitimate expectation of privacy in the guest bedroom of his grandmother’s apartment, such that the search yielding the gun violated his Fourth Amendment rights.
Holding
No, because there was record support for the lower courts’ determination that the defendant failed to demonstrate a legitimate expectation of privacy in the guest bedroom, given the grandmother’s testimony that the room was reserved for other grandchildren and the defendant had his own separate bedroom.
Court’s Reasoning
The Court of Appeals reiterated that a defendant seeking to suppress evidence must demonstrate a legitimate expectation of privacy in the searched area. This requires showing a subjective expectation of privacy that society recognizes as reasonable. Citing People v. Ramirez-Portoreal, 88 NY2d 99, 108 (1996), the court stated: “A legitimate expectation of privacy exists where defendant has manifested an expectation of privacy [a subjective component] that society recognizes as reasonable [an objective component].” The Court deferred to the lower courts’ factual findings if supported by the record. In this case, the grandmother’s testimony indicated that the defendant had his own bedroom, and the guest bedroom was specifically for other visiting grandchildren. The record was silent as to whether the defendant ever used the guest bedroom. The Court acknowledged that a contrary finding might have been reasonable but emphasized the availability of record support to uphold the lower courts’ determination. The court essentially found that the defendant failed to prove that he had a reasonable expectation of privacy in a space that his grandmother explicitly stated was for other family members, even though the space was within her home. This case turns on the specific facts regarding access and control of the premises searched.