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S.D.Cal.: Federal regs requiring investigation of death on cruise ships does not make cruise line federal agent

By John Wesley Hall, Jr.

Defendant was detained and his room aboard the Carnival cruise ship Elation was searched by the crew in investigating the death of his wife at see. The federal regulations requiring reports of deaths at see and the cruise line’s pre-existing “agreement” with the FBI to so did not make the search of his belongings a government search. The federal requirement is “investigate,” not “search.” The court distinguishes airline security cases because they are required to search. United States v. McGill, 2010 U.S. Dist. LEXIS 24599 (S.D. Cal. March 16, 2010). Defendant’s consent to search his vehicle was consensual to the FBI. In the course of the discussions leading up to the consent, he admitting to being a snitch (“worked with” a sheriff’s deputy) and offered to be one for the FBI...continue to full post

Full post as published by Fourth Amendment on March 19, 2010 (boomark / email).