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WABUN-ININI v. SESSIONS

Nos. 89-5471, 89-5521.

900 F.2d 1234 (1990)

WABUN-ININI, aka Vernon Bellecourt, Appellant, v. William SESSIONS, Director, Federal Bureau of Investigation, Washington, D.C.; Jeffrey J. Jamar, Agent-in-Charge, Minneapolis Office of the FBI, Minneapolis, Minnesota; Peter Cunningham, Special Agent, Minneapolis Office of the FBI, Minneapolis, Minnesota; William Clifford, Special Agent, Minneapolis Office of the FBI, Minneapolis, Minnesota; John Doe; Jane Doe, and other presently unknown officials of the United States Government, Appellees. WABUN-ININI, aka Vernon Bellecourt, Appellee, v. William SESSIONS, Director, Federal Bureau of Investigation, Washington, D.C.; Jeffrey J. Jamar, Agent-in-Charge, Minneapolis Office of the FBI, Minneapolis, Minnesota; Peter Cunningham, Special Agent, Minneapolis Office of the FBI, Minneapolis, Minnesota; William Clifford, Special Agent, Minneapolis Office of the FBI, Minneapolis, Minnesota; John Doe; Jane Doe, and other presently unknown officials of the United States Government, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1990.

Rehearing and Rehearing Denied June 1, 1990.

Attorney(s) appearing for the Case

C. Peter Erlinder, St. Paul, Minn., for appellant.

Neil H. Koslowe, Washington, D.C., for appellees.

Before JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 1990.

JOHN R. GIBSON, Circuit Judge.

Appellant Wabun-Inini left two rolls of color film at a One Hour Photo Store for processing. An FBI agent entered the store soon thereafter, ordered an extra set of prints of Wabun-Inini's photographs, and returned later and purchased them. The primary issue in this appeal is whether the Fourth Amendment prohibits the FBI from executing...

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