![]() As a governmental actor, the court concluded Evans was subject to constitutional constraints on unreasonable searches and seizures. he court found that Evans was a “governmental actor” because he was a government employee performing investigatory-type activities for the benefit of his employer.After an evidentiary hearing spanning the course of 2 days, the district court issued a 10-page memorandum decision and order granting Davenport’s motion to suppress.Davenport filed a motion to suppress the evidence found in her purse, arguing that the search was conducted by firefighter Evans to assist the law enforcement officers and, therefore, violated her constitutional rights. As a result of finding the drugs and paraphernalia in Davenport’s purse, the State charged Davenport with one count of possession of methamphetamine and one count of unlawful use of drug paraphernalia.Steinlage testified that Davenport did not give permission for the emergency personnel to search her purse and that when she saw them searching it as she was leaving the house, she asked them what they were doing. ![]() While the search was happening, AMR personnel carried Davenport out of the basement to the ambulance. Also inside the purse was a Victoria’s Secret bag, where firefighter Evans found a crack pipe, a syringe, and a baggie of crystal-like substance later identified as methamphetamine. Steinlage’s report and testimony reflected that the firefighters first located Davenport’s driver’s license from inside the purse and confirmed her name and date of birth.Steinlage testified that while he was on the patio at the time of the search, he did not direct the search. ![]() Evans eventually located the purse outside the house on the back patio, where he searched it with firefighter Ryder and Deputy Steinlage present. Dodds directed firefighter Evans to locate Davenport’s purse to search for her identification and prescription medications.
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