CA2: Cooperator exceeded officer’s direction in conducting a private search, but it’s still reasonable

A cooperator ended up taking evidence from defendant’s house without police direction. It was a private search not governed by the Fourth Amendment. “‘A private person cannot act unilaterally as an agent or instrument of the state; there must be some degree of governmental knowledge and acquiescence,’ United States v. Bennett, 709 F.2d 803, 805 (2d Cir. 1983) (quoting United States v. Sherwin, 539 F.2d 1, 6 (9th Cir. 1976) (en banc)), in the actions that violate the Fourth Amendment.” Explicit directions are not required to the cooperator. United States v. Cacace, 2015 U.S. App. LEXIS 13641 (2d Cir. August 5, 2015).

Whether a state officer had authority to make a traffic stop where the stop occurred is irrelevant under the Fourth Amendment and Virginia v. Moore. Trash bags in an open field were properly seized. United States v. Castleman, 2015 U.S. App. LEXIS 13636 (8th Cir. August 5, 2015).