CA8: Creighton U. security officers are private actors

Creighton University security officers are private actors in seizing and searching defendant. They did not act in concert with any law enforcement agency, and they called the police to take defendant away. United States v. Avalos, 2021 U.S. App. LEXIS 700 (8th Cir. Jan. 12, 2021).

“Yu specifically identifies 13 paragraphs in Agent Young’s affidavit that she claims contain material misrepresentations of fact. … As explained below, Yu has failed to make the required ‘substantial preliminary showing’ that any of these paragraphs contains an intentional or reckless misrepresentation of fact material to the probable cause finding. Nejad, 436 F. Supp. 3d 707, 2020 WL 429422, at 4.” His Franks challenge fails. United States v. Xiubin Yu, 2021 U.S. Dist. LEXIS 5151 (E.D. N.Y. Jan. 11, 2021).

This entry was posted in Franks doctrine, Private search. Bookmark the permalink.

Comments are closed.