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D.Minn.: Permitting theft victim to participate in search did not violate Fourth Amendment

By John Wesley Hall, Jr.

Permitting theft victim to be present at execution of search warrant to identify property was not a violation of the Fourth Amendment. United States v. Gregoire, 2009 U.S. Dist. LEXIS 120803 (D. Minn. December 2, 2009) (USMJ), adopted 2009 U.S. Dist. LEXIS 120801 (D. Minn. December 29, 2009): The case law discloses a lengthy history of police officers requesting the aid of private citizens in order to accomplish a lawful search, particularly where the citizen is the victim of a theft, who is present to identify stolen items. See, e.g., United States v. Clouston, 623 F.2d 485, 487 (6th Cir. 1980); Bills v. Aseltine, 958 F.2d 697, 706 (6th Cir. 1992)(but finding citizen help unreasonable on the facts at hand); Bellville v. Town of Northboro, 375 F...continue to full post

Full post as published by Fourth Amendment on December 31, 2009 (boomark / email).