{"id":28091,"date":"2017-07-16T06:04:00","date_gmt":"2017-07-16T11:04:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28091"},"modified":"2017-07-17T17:25:46","modified_gmt":"2017-07-17T22:25:46","slug":"ca3-state-court-loss-of-suppression-motion-as-private-search-collateral-estoppel-to-%c2%a7-1983-case","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=28091","title":{"rendered":"CA3: State court loss of suppression motion as private search was collateral estoppel to \u00a7 1983 case"},"content":{"rendered":"<p>Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff\u2019s room. The next day, university security searched his room, and he was charged in the local Pennsylvania state courts. He moved to suppress the search and lost in the trial court on the ground this was a private search. He later sued under \u00a7 1983. His suit was barred by collateral estoppel from the state court finding it was a private search. He doesn\u2019t get to relitigate it. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/163343np.pdf\">Smith v. Susquehanna Univ.<\/a>, 2017 U.S. App. LEXIS 12538 (3d Cir. July 13, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff\u2019s room. The next day, university security searched his room, and he was charged in the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=28091\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,43],"tags":[],"class_list":["post-28091","post","type-post","status-publish","format-standard","hentry","category-45","category-private-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28091","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28091"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28091\/revisions"}],"predecessor-version":[{"id":28116,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28091\/revisions\/28116"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28091"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28091"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28091"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}