United States v. Smythe

How courts have described this case

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

• ‘[K]nowledge and acquiescence . . . encompass the requirement that the government must also affirmatively encourage, initiate or instigate the private action.’ . . .
• “to make private conduct into state action, government agent must ‘affirmatively encourage, initiate, or instigate the private action’ ”
• to make private conduct state action, government agent must “affirmatively encourage, initiate, or instigate the private action”
• for private search to be state action, government must “affirmatively encourage, initiate or instigate the private action”
• “tests that determine only whether or not a substance is a controlled substance” are not searches within the meaning of the Fourth Amendment
• officer's knowledge of and acquiescence to the search satisfies the requirement that the government agent affirmatively encourage, initiate, or instigate the private action

Source: CourtListener parenthetical corpus (CC0).