Undercover operations in which the agent is an invited informer, in what circumstances will the agent not be able to conduct a search under the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mayer, 503 F.3d 740 (9th Cir. 2007):

Undercover operations, in which the agent is a so-called "invited informer," are not "searches" under the Fourth Amendment. Id. at 701 (citing Maryland v. Macon, 472 U.S. 463, 105 S.Ct. 2778, 86 L.Ed.2d 370 (1985)). Even though a conversation between an agent and a target may occur in an otherwise private environment, "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties." Id. at 698 (quoting Smith v. Maryland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979)). Finding an expectation of privacy in the defendants' surreptitiously recorded comments would have been, we observed, "inimical to established fourth amendment doctrine." Id. at 699.

Other Questions


What is the current state of the law in the context of undercover operations where the agent is an invited informer? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
In what circumstances will a search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
When will the discovery of a Fourth Amendment search waiver give the officers a valid justification for the search? (MultiRegion, United States of America)
Can a person who entered the apartment door a crack for the purposes of a Fourth Amendment search, obtain a search warrant from the police? (MultiRegion, United States of America)
Does a search and seizure under the Fourth Amendment need to be conducted in a non-criminal context? (MultiRegion, United States of America)
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
Does a claim that agents violated the Fourth Amendment rights of a plaintiff in a search warrant application brought before the federal district court? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.