Category Archives: Private search

WA: Private party returning property to def’s house per request was private searcher

The observations of a private person returning something to defendant’s dwelling for him were a private search. The police had nothing to do with it. State v. Lake, 2020 Wash. App. LEXIS 1925 (June 30, 2020).* Reasonable jurists would not … Continue reading

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CA11: Def’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search

Defendant’s wife’s search of his cell phone finding child pornography and then taking the phone to the police was a private search for her personal reasons. United States v. Rivera-Morales, 2020 U.S. App. LEXIS 17116 (1st Cir. May 29, 2020):

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CA7: Anonymous call of suspicious person lacked corroboration and wasn’t RS

This anonymous tip revealed nothing but identifying characteristics, and it didn’t show reasonable suspicion. “Additionally, the tip itself contained no further indicia of the informant’s reliability. It also offered nothing but a barebones description of the suspect: the caller identified … Continue reading

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CA4: Police exceeding private search of a computer isn’t treated the same as other private searches

The police likely exceeded the private search of a computer, but the product will not be suppressed. A search warrant was issued, and the police relied on it in good faith. The private search doctrine as to computers is more … Continue reading

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OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

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D.Minn.: Search and seizure of cell phone was private search

Three adults worked to get access to defendant’s cell phone because he was sexting a minor. “Moreover, even assuming solely for the sake of argument that Dustin Clark had wrongfully taken Minor A’s phone from Defendant Walsh and Deputy Bennett … Continue reading

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OH6: Effort to distance oneself from place searched led to lack of standing

Appellant’s challenge to the search warrant was to one in the trial court and then tried to expand the issue on appeal. Moreover, she tried to distance herself from the places to be searched to the point she had no … Continue reading

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Livingston Ledger: FBI allegedly paid Geek Squad technicians as ‘confidential human sources’ in child porn case

Livingston Ledger: FBI allegedly paid Geek Squad technicians as ‘confidential human sources’ in child porn case:

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Cal.: Privately recorded conversation in violation of state law admissible in a criminal case under 1982’s Proposition 8

A private party recorded a telephone call with defendant admitting a criminal sex act. Proposition 8 on “Truth in Evidence” adopted by voters in 1982 made the exclusionary rule follow the Fourth Amendment exclusionary rule. The legislature amended it by … Continue reading

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E.D.Mich.: Private security guards conducting search for weapon and turning over to police was private search

Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to … Continue reading

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E.D.Ky.: Govt didn’t exceed NCMEC’s private search

NCMEC was a private entity and not a government actor. The government didn’t exceed the private search. United States v. Kendall, 2019 U.S. Dist. LEXIS 192442 (E.D. Ky. Nov. 6, 2019). Defendant had no reasonable expectation of privacy in an … Continue reading

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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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