Sunday, January 13, 2019

United States v. Jacobsen case brief

    1. United States v. Jacobsen case brief summary

      1. Private parties opened a damaged package that revealed a tube with white powder. They turned it to a federal agent who then tested the powder and found it was cocaine
      2. It was not a search because the search was done by a private party
        1. Fed-ex cannot violate the 4th am. because they are not the gov.
        2. If this was done by the gov. it would have constituted a search
        3. Cannot do it if they are instructed by the gov. to engage in the search
      3. The only information the federal agent could have found is whether or not it was cocaine
        1. When the item looks incriminating it is different in nature from an innocent item
        2. The only thing it reveals is whether or not it was actually cocaine.
        3. It reveals nothing of the innocent.
          1. If an innocent person’s luggage was searched, their private information could be revealed
          2. Here, the innocent would only reveal being innocent  
      4. The search was already done when the federal agent got the package
        1. All they did was “observe”

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