Facts of the Case

This case stems from a search of Utah resident Afton Callahan's home by the Central Utah Narcotics Task Force. The Task Force, based on evidence that Callahan was a methamphetamine dealer, had sent an informant to his home to make a purchase. After receiving a signal from the informant that the sale had taken place, the Task Force entered the home and conducted a protective sweep of the house without a warrant but after getting Callahan's consent. At trial, Callahan was convicted of possessing and distributing methamphetamines based on evidence discovered during the search, however the Utah Court of Appeals held the evidence inadmissible and reversed Callahan's conviction.

Subsequently, Callahan filed this action in federal court against the Task Force and individual officers alleging that the search violated his civil rights under the Fourth Amendment. The U.S. District Court for the District of Utah dismissed his claim, holding in part that the "consent once removed" doctrine applied to the search. Under the doctrine, an undercover officer may summon backup officers into a home after that officer has been invited with consent. However the U.S. Court of Appeals for the Tenth Circuit disagreed, holding that the doctrine does not apply when the officers are summoned by a police informant. Therefore, according to the Tenth Circuit, Callahan had established a violation of his Fourth Amendment protection against unreasonable searches and seizures.

Question

Does applying the "consent once removed" doctrine to a police informant summoning officers into the home violate the defendant's Fourth Amendment protection against unreasonable search and seizure?

Conclusion

None