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Wife's private search was complete, so police could not exceed it

By John Wesley Hall, Jr.

Defendant's wife's private search was complete so the officers could not exceed her private search. United States v. Starr, 2008 U.S. App. LEXIS 13305 (8th Cir. June 23, 2008): [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, 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...continue to full post

Full post as published by Fourth Amendment on June 25, 2008 (boomark / email).