AZ: Even if NCMEC was not private actor, it didn’t expand the prior private search

In Arizona, Fourth Amendment claims are decided first, then state constitutional claims. Google+, acting completely on its own, searched defendant’s photos folder stored with there. Moreover, it was only shown to be protecting its private business interests, not aid the police. Assuming without deciding NCMEC (Ackerman) is a government actor, it did not expand the private search. (Same result under state constitution.) State v. Fristoe, 2021 Ariz. App. LEXIS 106 (May 20, 2021).

“An ‘officer’s Fourth Amendment burden of production is to (1) identify the ordinance or statute that he believed had been violated, and (2) provide specific, articulable facts that support an objective determination of whether any officer could have possessed reasonable suspicion of the alleged infraction. As long as both prongs are met, an officer’s subjective understanding of the law at issue would not be relevant to the court’s determination.’ United States v. Delfin-Colina, 464 F.3d 392, 399 (3d Cir. 2006).” The smell of burnt marijuana in the car was reasonable suspicion for further detention. United States v. Saxton-Smith, 2021 U.S. Dist. LEXIS 95842 (W.D. Pa. May 20, 2021).