What is the test for admissible evidence in a federal court in violation of the Fourth Amendment?

The majority concludes that the evidence is nonetheless admissible in federal court because it was seized by foreign officials, to whom the Fourth Amendment does not apply,⁶ and was turned over to United States agents "on a silver platter." Lustig v. United States, 338 U.S. 74, 79, 69 S.Ct. 1372, 93 L.Ed. 1819 (1949).

Under the "silver platter" doctrine, evidence seized by state officers in violation of Fourth Amendment standards was, until the decision of Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437, 4 L. Ed.2d 1669 (1960),⁷ admissible in a federal trial court unless the purpose of the search was to obtain evidence of a federal offense (Gambino v. United States, 275 U.S. 310, 48 S.Ct. 137, 72

[405 F.2d 748]

L.Ed. 293, 52 A.L.R. 1381 (1927)); or unless federal officers participated in the search. Lustig v. United States, 338 U.S. 74, 69 S.Ct. 1372, 93 L.Ed. 1819 (1949); Byars v. United States, 273 U.S. 28, 47 S.Ct. 248, 71 L.Ed. 520 (1927).

[405 F.2d 748]

Assuming that the "silver platter" doctrine governs this case,⁸ it is misapplied by the majority.