- United States v. Jacobsen case brief summary
- 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
- It was not a search because the search was done by a private party
- Fed-ex cannot violate the 4th am. because they are not the gov.
- If this was done by the gov. it would have constituted a search
- Cannot do it if they are instructed by the gov. to engage in the search
- The only information the federal agent could have found is whether or not it was cocaine
- When the item looks incriminating it is different in nature from an innocent item
- The only thing it reveals is whether or not it was actually cocaine.
- It reveals nothing of the innocent.
- If an innocent person’s luggage was searched, their private information could be revealed
- Here, the innocent would only reveal being innocent
- The search was already done when the federal agent got the package
- All they did was “observe”
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