U.S. v. POE

No. 07-6237.

556 F.3d 1113 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron Dale POE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 2009.


Attorney(s) appearing for the Case

William P. Earley, Assistant Federal Public Defender, Federal Public Defender Office, Oklahoma City, OK, for the Defendant-Appellant.

Chris M. Stephens, Assistant United States Attorney (John C. Richter, United States Attorney, and Sanford C. Coats, Assistant United States Attorney, with him on the briefs), Office of the United States Attorney, Oklahoma City, OK, for the Plaintiff-Appellee.

Before BRISCOE, McWILLIAMS, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

This case requires us to answer a question of first impression in this Circuit: Do bounty hunters constitute state actors for purposes of the Fourth Amendment when they conduct a search in the course of seeking out a bail-jumper? We conclude that bounty hunters do not qualify as state actors when, as here, they act without the assistance of law enforcement and for their own pecuniary interests.

Aaron Dale Poe was apprehended by bounty...

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