United States v. Karyn Rene Walther, United States of America v. Graciela Barba-Barba

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the Fourth Amendment is implicated when “a private party acts as an ‘instrument or agent’ of the state in effecting a search or seizure.”
• noting that a pri- vate search is attributed to the government if the government is \in- volved . . . indirectly as an encourager of the private citizen’s actions\
• inquiring (1) whether the government knew about and acquiesced to the intrusive conduct, and (2) whether the private party acted in self-interest or to assist the government in obtaining incriminating information
• inquiring (1) whether the government knew about and acquiesced to the intrusive conduct, and (2) whether the private party acted in self-interest or to assist the government in obtaining incriminating information
• noting the “presence of [government] officers who do not take an active role in encouraging or assisting an otherwise private search” does not convert the private search to state action
• \A district judge's findings of fact in a suppression hearing are subject to the 'clearly erroneous' standard.\

Source: CourtListener parenthetical corpus (CC0).