Are apartment hallways considered private?

According to the latest US census, 28 percent of Minnesotans rent their homes. Many of these rental units are apartments. While your apartment affords you some privacy, how much privacy do you have within the building’s halls?

Minnesota considers a person’s residence a constitutionally-protected area. This means that without a warrant or a valid exception, law enforcement cannot search your residence. The federal and state constitution also protect areas around your residence if a court considers them as part of the residence’s “curtilage,” as well as areas in which individuals have a “reasonable expectation of privacy.”  Recently in State v. Edstorm, the Minnesota Supreme Court considered whether a dog sniff of a door in a common hallway of an apartment building violated an occupant’s constitutional rights. 916 N.W.2d 512 (Minn. 2018).

In Edstrom, officers had obtained information from a confidential informant that Mr. Edstrom was selling drugs and in possession of firearms. Officers gained lawful entrance into the apartment building and had a dog sniff the outside of the apartment door officers believed was associated with Mr. Edstrom. The dog alerted officers to the presence of drugs. With this evidence, along with information provided by the confidential informant, officers obtained a search warrant for the apartment. During the search, officers located Mr. Edstrom along with several controlled substances and firearms. After losing at trial, Mr. Edstrom challenged the dog sniff of the apartment door as unconstitutional.

However, the Minnesota Supreme Court ruled that law enforcement did not violate his rights. The Court ruled that the hallway was not a protected area because it was for common use by all renters and lawful visitors.

Under the Minnesota Constitution, nonetheless, using a dog to sniff around constitutes a search in general, whether the area is protected or not. Therefore, officers need “reasonable articulable suspicion” to search the door. The Supreme Court concluded that officers met this standard given the informant’s information. As a result, the Court concluded law enforcement did not violate Mr. Edstrom’s rights under either the federal or the state constitution.

The implications of this ruling are concerning for renters who share a hallway of any kind with others. If you think you have been the subject of an illegal search, reach out to our office for free legal advice.

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.