Legal Opinion

Taunt v. Barman (In Re Barman)

United States Bankruptcy Court, E.D. Michigan

Decided August 21, 2000No. 19-42147PublishedCited by 7 opinions

1Opinion of the Court

Amended

Opinion and Order Denying Motion to Suppress

STEVEN W. RHODES, Bankruptcy Judge.

Defendant Norman Barman’s motion to suppress evidence raises interesting and novel issues about the processes that are constitutionally required in connection with a trustee’s inspection of a debtor’s residence. Because of the close nexus between government authority and a chapter 7 trustee, the Court concludes that the fourth amendment does apply to such an inspection. However, because in this case the trustee’s conduct in obtaining a court order authorizing the inspection was “reasonable” under prevailing…

2Cases cited55 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. Grogan v. GarnerSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. In Re ToftUnited States Bankruptcy Court, S.D. New York · 2011
  2. In Re KerloUnited States Bankruptcy Court, C.D. California · 2004
  3. Youngman v. Bursztyn (In Re Bursztyn)United States Bankruptcy Court, D. New Jersey · 2007
  4. In Re LufkinUnited States Bankruptcy Court, E.D. Tennessee · 2000
  5. Spacone v. Burke (In Re Truck-A-Way)District Court, E.D. California · 2003

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