CA6: Motel keeper searching room with police on standby watching was still private search

A motel manager called the police to help evict room renters because a room occupant in a no-smoking hotel was smoking marijuana in a room. She searched the room while the police were there watching. They didn’t encourage her. She wasn’t a government agent during the search. United States v. Powell, 2020 U.S. App. LEXIS 37599 (6th Cir. Dec. 2, 2020).*

“The defendant’s contention that the search of his historical cell site location information (hereinafter CSLI) records, obtained by means of a court order issued upon a showing of less than probable cause, violated the Fourth Amendment … is unpreserved for appellate review …. In any event, any error in the Supreme Court’s admission of the defendant’s CSLI records was harmless, because the evidence of guilt was overwhelming and there was no reasonable possibility that the error might have contributed to the defendant’s convictions ….” People v. Borgella, 2020 NY Slip Op 07216, 2020 N.Y. App. Div. LEXIS 7400 (2d Dept. Dec. 2, 2020).*

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