US v. Garcia-Bercovich, No. 08-12061
Defendant's drug distribution conviction is affirmed where: 1) the evidence was sufficient to establish defendant's knowledge or awareness that the containers which he picked up, or attempted to pick up, at various locations contained marijuana; and 2) a police search following an unsolicited private search does not constitute a search under the Fourth Amendment, as long as the search is confined to the same scope as the initial private search.
Filed September 10, 2009
Opinion by Judge Goldberg