{"id":23186,"date":"2016-08-01T00:02:36","date_gmt":"2016-08-01T05:02:36","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23186"},"modified":"2016-07-31T16:11:26","modified_gmt":"2016-07-31T21:11:26","slug":"nd-landlord-searched-and-seized-backpack-police-didnt-exceed-landlords-private-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23186","title":{"rendered":"ND: Landlord searched and seized backpack; police didn&#8217;t exceed landlord&#8217;s private search"},"content":{"rendered":"<p>A landlord told a defendant tenant to stop smoking marijuana in this apartment building, but defendant didn\u2019t. The landlord went to the apartment which was unoccupied at the moment, entered, and looked at defendant\u2019s backpack finding marijuana. He took it to the office and called the police. The police got a search warrant for the apartment and took the bag to the police station. The bag wasn\u2019t searched until the warrant for the apartment was issued. This was a private search and seizure, and the officers didn\u2019t go beyond the private search. <a href=\"http:\/\/www.ndcourts.gov\/_court\/opinions\/20160039.htm\">State v. Heier<\/a>, 2016 ND 158, 2016 N.D. LEXIS 159 (July 28, 2016).<\/p>\n<p>It was reasonable for a U.S. Postal Inspector to rely on a state court judgment, later reversed, that gave possession of property to a third person, and then to ask that person for consent. Retaining the property for a while after reversal of the judgment was not unreasonable. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/141451np.pdf\">Mitan v. United States Postal Inspection Serv.<\/a>, 2016 U.S. App. LEXIS 13680 (3d Cir. July 27,  2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A landlord told a defendant tenant to stop smoking marijuana in this apartment building, but defendant didn\u2019t. The landlord went to the apartment which was unoccupied at the moment, entered, and looked at defendant\u2019s backpack finding marijuana. He took it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23186\">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":[30,43],"tags":[],"class_list":["post-23186","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23186","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23186"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23186\/revisions"}],"predecessor-version":[{"id":23187,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23186\/revisions\/23187"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}