Category Archives: Private search

CA9: Entry by def’s bondsman was by contractual consent; gun not suppressed

Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. United States … Continue reading

Posted in Consent, Private search | Comments Off

TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

Posted in Constitutionally protected area, Private search, Reasonable expectation of privacy | Comments Off

EFF: Why We’re Suing the FBI for Records About Best Buy Geek Squad Informants

EFF: Why We’re Suing the FBI for Records About Best Buy Geek Squad Informants by Stephanie Lacambra and Aaron Mackey:

Posted in Private search | Comments Off

D.N.J.: CI aiding police entered vessel on his own to take pictures of weapon; still a private search

Defendant was indicted for “knowingly taking marine mammals on the high seas by means of a firearm in violation of the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§ 1372(a)(1) and 1375(b).” A CI, already conversing with law enforcement, went … Continue reading

Posted in Private search | Comments Off

CA8: Eviction from motel by off-duty officer working motel security led to FIPF charge; entry was lawful

Off-duty police worked at a Kansas City motel that had a rash of crime, trying to clean the place up. Defendant was being evicted from a motel because he was driving a stolen car – his companion had already been … Continue reading

Posted in Private search | Comments Off

OR requires hospitals report suspected DUIs, and this is private action although mandated by statute, or there is no REP

Oregon requires hospitals to report persons who show up for treatment who the hospital reasonably believes were involved in driving under the influence. Here, the hospital also reported defendant’s BAC to the police. “[W]e reject defendant’s invitation to overrule Gonzalez … Continue reading

Posted in Private search | Comments Off

D.S.D.: Asking def’s GF if she had the phone she saw naked pictures of her 13-year-old daughter in didn’t make her an agent

Defendant’s girlfriend reported to police that she saw nude pictures of her 13 year old daughter on defendant’s cell phone. The officer asked if she had the phone, and she hesitated, located it, and handed it over. She was not … Continue reading

Posted in Private search | Comments Off

W.D.Okla: Def bears burden of proving “private search” was by government actor and did; suppressed

Defendant has sufficient interest in the business from which a thumb drive with data was taken and turned over to ICE officers at the U.S. Embassy in Panama. (The court acknowledges that it’s not “standing,” per se, but it continues … Continue reading

Posted in Burden of proof, Private search | Comments Off

OC Weekly: FBI Used Best Buy’s Geek Squad To Increase Secret Public Surveillance

OC Weekly: FBI Used Best Buy’s Geek Squad To Increase Secret Public Surveillance by R. Scott Moxley: Recently unsealed records reveal a much more extensive secret relationship than previously known between the FBI and Best Buy’s Geek Squad, including evidence … Continue reading

Posted in Private search, Surveillance technology | Comments Off

IA: Def’s father’s search of his stuff was objectively as a concerned parent, not as a LEO so it’s a private search

Defendant’s stepfather was a Davenport police officer, and, off-duty, he searched defendant’s property twice and turned it over to the police. The detail of his actions show him acting as a concerned parent, not as a law enforcement officer. Therefore, … Continue reading

Posted in Private search, Reasonable suspicion | Comments Off