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N.D.Va.: Bankruptcy trustee can consent to search of bankrupt's property

By John Wesley Hall, Jr.

Once the defendant files his company for bankruptcy, he loses any reasonable expectation of privacy in the records of the business to the trustee who can then consent to search. United States v. Pavlock, 2010 U.S. Dist. LEXIS 120767 (N.D. Va. October 26, 2010).* Defendant had a package shipped to him with drugs in it, and the bus company opened it. They called the police, and the officer opened the package, too, and the search was invalid because the officer’s search exceeded the private search. State v. Rivera, 2010 NMSC 46, 2010 N.M. LEXIS 530 (October 19, 2010), revg State v. Rivera, 2009 NMCA 49, 146 N.M. 194, 207 P.3d 1171 (Ct. App. 2009). Officers found about a warrant on defendant, and he was arrested on that warrant and subjected to a search incident that produced marijuana...continue to full post

Full post as published by Fourth Amendment on November 20, 2010 (boomark / email).