M.D.Fla.: Disney World’s own fraud investigators conducted private search of hotel room

Walt Disney World’s fraud investigators received a call from American Express that a card was being used fraudulently there. Ultimately, WDW own investigators entered defendant’s room without telling the police what they were doing and found access devices in plain view. Defendant hadn’t yet been evicted at the time of the entry. The view of the room, however, immediately led to defendant being locked out. This was valid as a private search. United States v. Valdarnini, 2018 U.S. Dist. LEXIS 122520 (M.D. Fla. July 16, 2018).

Defendant moved to suppress and for a Franks hearing. There was a motion to suppress but not a Franks hearing; it was a hearing on whether there would be a Franks hearing. “The undersigned finds that there has been no showing that officers omitted facts with the intent to make, or in reckless disregard of whether they made, the affidavit misleading. In addition, if the omitted information was included in the affidavit, there still would have been probable cause to issue the warrant.” United States v. Good, 2018 U.S. Dist. LEXIS 122572 (D. Neb. June 29, 2018),* adopted 2018 U.S. Dist. LEXIS 122160 (D. Neb. July 23, 2018).*

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