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D.P.R.: Fourth Amendment applied to counterfeit goods search and seizure made at civil plaintiff's request and executed by plaintiff's agents and USM

By John Wesley Hall, Jr.

Defendant lacked "standing" to suppress a court ordered search in a civil counterfeit goods case where the place where the goods were found were apartments he claimed were not his. He had no privacy interest in the places were the evidence was found. Quiksilver, Inc. v. Tito's Perfumes, 2009 U.S. Dist. LEXIS 46014 (D. P.R. May 29, 2009) (The court applies the Fourth Amendment without discussion because the court authorized the search and seizure considering "plaintiff's agents and the U.S. Marshal" conducted the search.) Under the Fifth Circuit rule that the good faith exception can be considered instead of probable cause (United States v. Payne, 341 F.3d 393, 399 (5th Cir. 2003); United States v. Pena-Rodriguez, 110 F.3d 1120, 1129-30 (5th Cir...continue to full post

Full post as published by Fourth Amendment on June 06, 2009 (boomark / email).