{"id":2186,"date":"2008-12-24T07:03:24","date_gmt":"2008-06-25T07:26:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-06-25T07:26:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2186","title":{"rendered":"Wife’s private search was complete, so police could not exceed it"},"content":{"rendered":"

Defendant’s wife’s private search was complete so the officers could not exceed her private search. United States v. Starr<\/a>, 533 F.3d 985 (8th Cir. 2008):<\/p>\n

[T]he Supreme Court has recognized “that a third party’s inspection of the contents of private books, papers, memoranda, etc. could be so complete that there would be no additional search by the [government] when it re-examines the materials.” Walter v. United States<\/em><\/a>, 447 U.S. 649, 659 n.14 (1980). This is such a case. In her private search prior to contacting law enforcement, Mrs. Starr examined all of the evidence that she subsequently brought to police. When the police examined the evidence, the record indicates that the officers only viewed material that had already been viewed by Mrs. Starr. Because the officers’ search did not exceed the scope of Mrs. Starr’s private search, we conclude that the officers did not unconstitutionally intrude on Starr’s privacy interests. <\/p><\/blockquote>\n

Defendant’s claim that he had an expectation of privacy in his trash at the curb was foreclosed by Greenwood<\/em><\/a> and Third Circuit cases. United States v. McKenzie<\/a>, 283 Fed. Appx. 13 (3d Cir. 2008) (unpublished).*<\/p>\n

Officer’s entry into a third person’s home complied with Steagald<\/em><\/a> because officers had an arrest warrant and sufficient reason to believe that the defendant was there. The “protective sweep” thereafter for weapons was valid when one person there admitted that there were guns in the house. United States v. Cantrell<\/a>, 530 F.3d 684 (8th Cir. 2008).<\/p>\n","protected":false},"excerpt":{"rendered":"

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