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 on defendant’s boat and took pictures of the rifle used to shoot pilot whales. The CI’s entry onto the boat was still private action, despite his prior conversations with law enforcement, because the officer didn’t direct it or suggest it. United States v. Archibald, 2017 U.S. Dist. LEXIS 63392 (D.N.J. April 17, 2017).*

Another Playpen warrant sustained. United States v. Dorosheff, 2017 U.S. Dist. LEXIS 63647 (C.D. Ill. April 26, 2017).*

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