Kline
United States v. Kline
Opinion
Lead Opinion
MEMORANDUM **
The United States appeals the district court’s order suppressing evidence found pursuant to search warrants that were obtained using evidence from an illegal search of defendant Ronald Kline’s computer by Bradley Willman, a Canadian citizen. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.
It is long-settled law that the Fourth Amendment is directed at only state action. Burdeau v. McDowell, 256 U.S. 465, 475 , 41 S.Ct. 574 , 65 L.Ed. 1048 (1921). Searches by private individuals are subject to the restrictions of the Fourth Amendment only if the private individual is acting as an instrument or agent of the government at the time of the search. U.S. v. Reed, 15 F.3d 928, 931 (9th Cir.1994). An individual is an “instrument or agent” of the government if “the government knew of and acquiesced in the intrusive conduct, and ... the party performing the search intended to assist law enforcement efforts.” U.S. v. Miller, 688 F.2d 652, 658 (9th Cir.1982).
There is ample evidence to support the district court’s finding that Willman was acting with the intent to aid law enforcement. This is not enough, however, to find that Willman was acting as a government…