State v. Eisfeldt

¶26

(concurring in result) —Although I agree with the result, I disagree with the majority’s rejection of the “private search” doctrine. Indeed, evidence from private searches commonly form the evidence used to prosecute criminal conduct in this state. To reject the doctrine in all cases, as the majority does, is unwarranted by our case law and by common sense. I respectfully dissent.

Madsen, J.

¶27 The private search doctrine provides that where a private actor conducts a search, the State may conduct a warrantless search if the State does not expand the scope of the private search. Walter v.…