United States v. Howard Eugene Miller

The principal issue in this appeal is whether a theft victim’s visit to the defendant’s property to look for his stolen trailer constituted a government search and is subject to Fourth Amendment requirements. Because the theft victim acted on his own and received consent to walk around the premises from the defendant’s son, his visit was not an unlawful government search and the fruits thereof were properly admitted into evidence. Accordingly, we affirm the defendant’s conviction.

Facts

Miller was indicted for and convicted of receiving stolen goods in violation of 18 U.S.C. § 2315 . The events leading up to his indictment were as follows.

In November, 1980, Nandor Szombathy reported the theft of his low-boy trailer and three conveyor belts to the Spokane Police Department. In mid-February, 1981, he received an anonymous tip that his trailer was on Miller’s property in Superior, Montana. He relayed this tip to the Spokane police, who advised him to notify the FBI, which he did.

After receiving this tip, FBI Agent John Nelson notified the local sheriff’s office in Superior, Montana. A deputy sheriff then informed Agent Nelson that Miller had a low-boy with a “for sale” sign on…