United States v. Howard Eugene Miller

BOOCHEVER, Circuit Judge.

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…