United States v. Reister

There are several points made in the majority opinion with which I do not agree. Specifically, if the entry into the apartment by the agents of the Naval Investigative Service (NIS) was not a consent search, but see infra, then I am troubled by the majority’s discussion of (1) whether N was an agent of law enforcement officials; and (2) whether this case can be affirmed as a “private search” by N.

N’s own rummaging around appellant’s apartment surely was a “private search.” Accordingly, if she had remembered the women’s names in the log book and repeated them to the NIS agents or if she,…