Category Archives: Private search

CA3 adopts two part functional rule of private search, and this one was

Defendant’s wife was not acting as an agent of the state when she procured defendant’s cell phone which produced evidence of sexual exploitation of a child. “Four of our sister Courts of Appeals assess whether a private party was an … Continue reading

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N.D.Ga.: UPS a private searcher, even with its “good-Samaritan motivation”

UPS is not a state actor when it searches suspicious packages, even with its “good-Samaritan motivation” that “overlaps with law enforcement’s mission.” United States v. Baxter, 2023 U.S. Dist. LEXIS 93141 (N.D. Ga. May 11, 2023):

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D.Nev.: Affidavits for SWs don’t have to prove the underlying crimes

There was probable cause for the four search warrants here. “Much of Martinez’s arguments are based on the premise that the warrants are unsupported by probable cause because the affidavits did not prove the elements of the target crimes.” They … Continue reading

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E.D.Pa.: Hospital nurse who found drugs on def wasn’t state actor

A nurse in a hospital who found drugs in defendant’s pants was required by policy to search the rest of his belongings. The nurse was not a state actor. United States v. Kunsman, 2023 U.S. Dist. LEXIS 84362 (E.D. Pa. … Continue reading

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TN: Bounty hunter is not a state actor for 4A

A bailbond bounty hunter is not a state actor for the Fourth Amendment. State v. Wojnarek, 2023 Tenn. Crim. App. LEXIS 160 (May 10, 2023). A Delaware JP issued this search warrant, and it was with probable cause. United States … Continue reading

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D.Minn.: Govt’s failure to raise issue before USMJ was waiver

The government’s failure to raise arguments before the USMJ was waiver when appealed to the USDJ. United States v. Crutchfield, 2023 U.S. Dist. LEXIS 80461 (D. Minn. May 9, 2023). There was probable cause for the search warrant here. It … Continue reading

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CA5: 4A doesn’t apply to a letter carrier

“In co-defendant Johnlouis’s case, our court upheld the denial of the motion to suppress because we determined that the letter carrier was ‘not a government actor to whom the Fourth Amendment applies.’ United States v. Johnlouis, 44 F.4th 331, 337 … Continue reading

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CA10: Def’s response ‘I don’t have a backpack’ was abandonment of the backpack

“Mr. Porter nonetheless attempts to distinguish this case from our other abandonment cases, claiming that in those cases, the defendant’s denial of ownership was clear and unequivocal. But it is hard to imagine a statement plainer than ‘I don’t have … Continue reading

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CO: LEOs didn’t expand on private search

A private party found video of a sexual assault on defendant’s computer and provided it to law enforcement. A search warrant wasn’t needed for law enforcement to view that file. People v. Morse, 2023 COA 27, 2023 Colo. App. LEXIS … Continue reading

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D.N.M.: Search warrants are directed at places, not persons; offender need not be mentioned

Search warrants are directed at places, not persons. “Because, at the time of the oral affidavit, there was a fair probability the crime of kidnapping occurred and a fair probability evidence of that crime would be found in Defendant’s home … Continue reading

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OH5: EMT wasn’t state actor for 4A purposes in detaining def

A paramedic kept defendant from driving after an accident because defendant was too impaired to drive. That was not a government seizure, even if the paramedic was a state actor. State v. Cruz, 2023-Ohio-794, 2023 Ohio App. LEXIS 760 (5th … Continue reading

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NY1: Announcing “NYPD arrest warrant” after entry through an unlocked door violated knock-and-announce

Announcing “NYPD arrest warrant” after entry through an unlocked door violated the state statute on knock-and-announce. People v. Jones, 2023 NY Slip Op 01262, 2023 N.Y. App. Div. LEXIS 1248 (1st Dept. Mar. 14, 2023). A successor 2255 petition based … Continue reading

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S.D.Cal.: Police declining to search on wife’s consent could follow her to spot and watch her do it without it being govt action

Under the two-part test, the Court finds that Ms. Valenzuela was not functioning as a government instrument at the time of her [*17]  search. As to the first prong, the Chula Vista officers clearly “knew of” Ms. Valenzuela’s actions because … Continue reading

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GA: Police reentry into hotel room after medical emergency required SW

Officers responded to a medical emergency at a hotel room. They left and reentered to seize contraband, and the reentry required a warrant. The exigency had passed. State v. Wood, 2023 Ga. App. LEXIS 101 (Feb. 28, 2023). The suppression … Continue reading

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W.D.N.C.: Frisk by security at a bar was purely private search

Defendant was frisked by security entering a bar, and a gun was found. They kept it for the police. This was purely a private search. United States v. Wood, 2023 U.S. Dist. LEXIS 16555 (W.D.N.C. Feb. 1, 2023). The district … Continue reading

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D.Ariz.: No REP in CP; AOL did a private search sending to NCMEC

AOL reported potential child porn to NCMEC, and that was within its terms of service. That was a private search. Moreover, “[t]his Court concludes that society has decided the interest in ‘privately’ possessing child pornography is illegitimate. Opening the image … Continue reading

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CA9: Private search of CSLI made it admissible in admin proceeding

The Washington State Department of Labor and Industries received information from whistleblowers of cell site location information the defendant business collected to show alleged violations of state law. This was a private search, and Carpenter is not implicated. Kleiser v. … Continue reading

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D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms

A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading

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MN: Reliable hearsay can be considered for PC

In determining probable cause, “reliable hearsay” may be considered. State v. Dixon, 2022 Minn. LEXIS 483 (Nov. 9, 2022). The question of lack of probable cause was not in the motion to suppress, but the trial court held there was, … Continue reading

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S.D.W.Va.: Protective sweep under a bed is reasonable

The protective sweep here looking under the bed was reasonable. It’s where people hide. Defendant’s contention the sweep went further isn’t clear. Some things were moved and opened, but a search warrant had been executed between the sweep and her … Continue reading

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