E.D.Mich.: Police officer’s presence at repossession doesn’t make it state action

A police officer’s presence at the scene of a vehicle repossession doesn’t turn an otherwise private action into a Fourth Amendment seizure. King v. Blackhawk Recovery & Investigations, LLC, 2017 U.S. Dist. LEXIS 198373 (E.D. Mich. Dec. 3, 2017).

“As the People concede, defendant is entitled to suppression because the hearing evidence did not establish a sufficient basis for a search of a closed container incident to defendant’s arrest, under the principles set forth in People v Jimenez (22 N.Y.3d 717, 985 N.Y.S.2d 456, 8 N.E.3d 831 [2014], which was decided after defendant’s conviction.” People v. Mora-Diaz, 2017 NY Slip Op 08485, 2017 N.Y. App. Div. LEXIS 8535 (1st Dept. Dec. 5, 2017).*