Is a search conducted by a private person a private search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sherwin, 539 F.2d 1 (9th Cir. 1976):
I concur in the judgment of the majority. I would find that the search in this case was private because the police were not significantly involved either prior to or during the search. United States v. Harless, 464 F.2d 953 (9th Cir. 1972); Eisentrager v. Hocker, 450 F.2d 490 (9th Cir. 1971). Absent police involvement prior to or during a search conducted by a private person, subsequent police acceptance of evidence found does not eliminate the private character of the search.
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