CADC: Def’s argument about privacy interest fails where SW ultimately issued for search of boxes of records; should have argued possessory interest lost

22 boxes of records were placed in a Ford Explorer to take them away from a business when the USSS arrived and took them without searching right away, waiting to get a search warrant. Defendant’s argument was premised solely on his privacy interests in the box and forsook any reliance on possessory interest, which at least had more legs for him. “In short, there is a basic mismatch between Miller’s wholesale reliance on his privacy interest in the boxes and his challenge to the seizure of those boxes. To the extent the seizure of those boxes violated his Fourth Amendment rights, the violation would intrude on his possessory interest in the boxes rather than on any reasonable expectation of privacy associated with them. See, e.g., Jacobsen, 466 U.S. at 113. But because Miller raises no claim of interference with his possessory interests, his challenge to the seizure necessarily fails.” United States v. Miller, 2015 U.S. App. LEXIS 14682 (D.C.Cir. August 21, 2015).