Does the subsequent involvement of government agents retroactively transform a private search into a governmental search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Haines, 28 F.3d 109 (9th Cir. 1994):

Of course, "once a private search is completed, the subsequent involvement of government agents does not retroactively transform the original intrusion into a governmental search." United States v. Veatch, 674 F.2d 1217, 1222 (9th Cir.1981), cert. denied, 456 U.S. 946, 102 S.Ct. 2013, 72 L.Ed.2d 469 (1982). Moreover, there is no evidence that prior wrongful activity by the guards had been encouraged or acquiesced in by the police. Cf. Walther, 652 F.2d at 792-93. Indeed, the officers and guards involved in the search all testified that there was no express or implied cooperation agreement between the police and the guards.

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