Category Archives: Private search

W.D.Wash.: A private actor who stole evidence as “insurance” was not an agent of the state for 4A purposes

“The evidence at best suggests that Young was securing the information he eventually turned over to the FBI from NWTM as a form of personal insurance against any action he suspected might be taken against him. There is no evidence … Continue reading

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D.Minn.: A laptop stolen to turn it over to the police could be used as evidence

Defendant’s laptop was stolen for the purpose of turning it over to the police who accessed it by search warrant. The person who took it was not acting as a government agent, and it’s clear since Burdeau (1921) that this … Continue reading

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OH2: Hotel housekeeper found a gun and drugs and the mgr called the police who got a search warrant; that was a private search

Defendant was staying at a hotel, and the housekeeper found a gun and drugs in his room while cleaning it. She told the manager who looked and then called the police. The police told him to secure the room, and … Continue reading

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NC: Police exceeded private search of thumb drive, and it’s suppressed

Defendant’s wife opened a thumb drive in defendant’s briefcase looking for pictures of herself and his housekeeper when he was overseas. She found a picture of her daughter asleep unclothed from the waist up, and took it to the police … Continue reading

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NJ: Warrantless entry into common area of a rooming house violated REP; it was private as to the tenants

The officer’s warrantless entry into the common area of a rooming house, even though the door was unlocked, intruded into a private area where defendant retained a reasonable expectation of privacy. This was not an area open to the public. … Continue reading

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D.D.C.: Post-trial suppression motion denied for lack of showing of merit

An attempt at a post-trial suppression motion in a motion for new trial was denied where the defense couldn’t show any merit to the motion in the first place. United States v. Baylor, 2019 U.S. Dist. LEXIS 129708 (D.D.C. Aug. … Continue reading

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CA2: Whether NCMEC was a government actor wasn’t sufficiently developed by def

In this child pornography case, defendant argued that NCMEC was not a private actor citing Ackerman from the Tenth Circuit, but the record was not sufficiently developed for the court to conclude that. There was probable cause for the search … Continue reading

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TX14: The exclusionary rule does not apply to drug testing in a termination of parental rights case

The exclusionary rule does not apply to drug testing in a termination of parental rights case. In the Interest of L.C.L., 2019 Tex. App. LEXIS 6018 (Tex. App. – Houston (14th Dist.) July 16, 2019). The smell of marijuana during … Continue reading

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OH12: Def’s denial of ownership of her purse twice was abandonment

Defendant’s disclaiming ownership of her purse twice when asked about it was abandonment and a waiver of any reasonable expectation of privacy. State v. Martin, 2019-Ohio-2792, 2019 Ohio App. LEXIS 2898 (12th Dist. July 8, 2019).* The search warrant for … Continue reading

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TX: Art. 38.23 does not extend 4A to private searches

“We disavow the idea that Article 38.23 extends the Fourth Amendment to private citizens acting in a private capacity. We reaffirm that the Fourth Amendment is a restraint on government and that it does not apply to private individuals who … Continue reading

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N.D.Ind.: No REP in an open office where others were free to come and go and document was taken at police insistence

Here the court considers a post-verdict motion to suppress. The court noted that there were kernels of cause for a motion to suppress, albeit a private search of an office, but the complete picture didn’t develop until trial. Giving he … Continue reading

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PA: Computer repair tech’s finding CP on computer was private search; police didn’t exceed it

Defendant took his computer in for repair. The computer tech determined the hard drive was failing, and he consented to replacement and moving the files. The tech found child porn and told the police. They came and their view of … Continue reading

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