United States v. David Leigh King, 55 F.3d 1193 (6th Cir. 1995). · Go Syfert
United States v. David Leigh King, 55 F.3d 1193 (6th Cir. 1995). Cases Citing This Book View Copy Cite
61 citation events (54 in the last 25 years) across 21 distinct courts.
Strongest positive: United States v. Adam Carson (ca6, 2019-11-26)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Adam Carson
6th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a letter is sent to another, the sender's expectation of privacy ordinarily terminates upon delivery.
examined Cited as authority (verbatim quote) United States v. Barbara Lang
6th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
it is well settled that when an individual reveals private information to another, he assumes the risk that his confidant will reveal that information to the authorities, and if that occurs the fourth amendment does not prohibit governmental use of that information.
discussed Cited as authority (verbatim quote) State v. Carle
Or. Ct. App. · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the sender's expectation of privacy ordinarily terminates upon delivery even though the sender may have instructed the recipient to keep the letters private.
discussed Cited as authority (rule) State of Minnesota v. Deshon Israel Bonnell
Minn. · 2026 · confidence medium
Similarly, in Guest v. Leis, the Sixth Circuit concluded that an email sender loses a legitimate expectation of privacy in an email that has already reached its recipient because at that moment, “the e-mailer would be analogous to a letter-writer, whose ‘expectation of privacy ordinarily terminates upon delivery’ of the letter.” 255 F.3d 325 , 333 (6th Cir. 2001) (quoting United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995)).
discussed Cited as authority (rule) State v. T. Staker
Mont. · 2021 · confidence medium
Ct. App. 2014) (“reasonable expectation of privacy in letters or text messages” prior to delivery does not equate with reasonable expectation of privacy in nondisclosure of the text message sent to and stored “on the recipient’s phone” because sender has no “ability to control” disposition thereafter); State v. Athan, 158 P.3d 27, 37 (Wash. 2007) (concluding the defendant had no protected privacy interest in a letter mailed to an undercover detective posing as a lawyer regardless of his ignorance that the intended recipient was a detective rather than a lawyer); United States v. …
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. MARQUIS ARMSTRONG (15-05-0932, ESSEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
See, e.g., United States v. Jacobsen, 466 U.S. 109, 117 (1984) ("[W]hen an individual reveals private information to another," a reasonable expectation of privacy no longer exists because "he assumes the risk that his confidant will reveal that information to the authorities[.]"); United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995) ("[T]he sender's expectation of privacy ordinarily terminates upon delivery[,] (citing 4 Wayne R.
discussed Cited as authority (rule) Frontczak v. City of Detroit
E.D. Mich. · 2019 · confidence medium
Such allegations are sufficient to give rise to a Fourth Amendment claim because as a resident of the property, Valentino would have a “‘legitimate expectation of privacy’ in the place[] searched. ” United States v. Garcia, 496 F.3d 495 , 503 n.3 (6th Cir. 2007) (quoting United States v. King, 55 F.3d 1193, 1195 (6th Cir. 1995)); see also Minnesota v. Olson, 495 U.S. 91 , 96–97 (1990) (holding that a temporary, overnight guest had a reasonable expectation of privacy and, therefore, Fourth Amendment standing to challenge a warrantless search of his host’s home); see generally O’Co…
discussed Cited as authority (rule) United States v. Stratton
D. Kan. · 2017 · confidence medium
And, while it is “well established that letters are ‘in the general class of effects’ protected by the Fourth Amendment ... if a letter is sent to another, the sender’s expectation of privacy ordinarily terminates upon delivery.” United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995) (citation omitted); Guest v. Leis, 255 F.3d 325, 333 (6th Cir. 2001) (“[The sender] would lose a legitimate expectation of privacy in an email that had already beached its recipient.”).
discussed Cited as authority (rule) State v. Hinton
Wash. · 2014 · confidence medium
App. at 43 (citing United States v. King, 55 F.3d 1193, 1195-96 (6th Cir. 1995) (holding that where King voluntarily mailed letters to his wife, his expectation of privacy terminated upon delivery to her)).
discussed Cited as authority (rule) State v. Hinton
Wash. · 2014 · confidence medium
App. at 43 (citing United States v. 10 State v. Hinton, No. 87663-1 King, 55 F.3d 1193, 1195-96 (6th Cir.1995) (holding that where King voluntarily mailed letters to his wife, his expectation of privacy terminated. upon delivery to her)).
discussed Cited as authority (rule) United States v. Arturo Castellanos (2×)
4th Cir. · 2013 · confidence medium
United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995).
discussed Cited as authority (rule) State v. Hinton (2×) also: Cited "see, e.g."
Wash. Ct. App. · 2012 · confidence medium
King, 55 F.3d at 1196 (holding that where King voluntarily mailed the letters at issue to his wife and did not expect her to return them, “his expectation of privacy in the letters terminated upon delivery of the letters to his wife”); United States v. Knoll, 16 F.3d 1313, 1322 (2d Cir. 1994) (“[B]ecause Gleave sent the letters to an individual with whom he had no relationship of confidentiality, any legitimate expectation of privacy he may have had in them was abandoned.”); 4 Wayne R.
cited Cited as authority (rule) Charles A. Rehberg v. James v. Paulk
11th Cir. · 2010 · confidence medium
Id. (quoting United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995)).
cited Cited as authority (rule) Rehberg v. Paulk
11th Cir. · 2010 · confidence medium
Id. (quoting United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995)).
cited Cited as authority (rule) Rehberg v. Paulk
11th Cir. · 2010 · confidence medium
Id. (quoting United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995)).
discussed Cited as authority (rule) State of Arizona v. Jack Jude Martinez, Jr.
Ariz. Ct. App. · 2009 · confidence medium
See United States v. Dunning, 312 F.3d 528, 530-31 (1st Cir. 2002) (defendant’s letter to girlfriend received by her and later seized in search of her home); United States v. Gordon, 168 F.3d 1222, 1228 (10th Cir. 1999) (no standing when defendant sent letters to inmates who received letters only after prison officials intercepted them); United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995) (expectation of privacy in letters addressed to wife terminated on delivery to her).
discussed Cited as authority (rule) State v. Martinez
Ariz. Ct. App. · 2009 · confidence medium
See United States v. Dunning, 312 F.3d 528, 530-31 (1st Cir.2002) (defendant’s letter to girlfriend received by her and later seized in search of her home); United States v. Gordon, 168 F.3d 1222, 1228 (10th Cir.1999) (no standing when defendant sent letters to inmates who received letters only after prison officials intercepted them); United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995) (expectation of privacy in letters addressed to wife terminated on delivery to her).
discussed Cited as authority (rule) Legal Issues Relating to the Testing, Use, and Deployment of an Intrusion-detection System (EINSTEIN 2.0) to Protect Unclassified Computer Networks in the Executive Branch
OLC · 2009 · confidence medium
Although letters are protected by the Fourth Amendment, ‘if a letter is sent to another, the sender’s expectation of privacy ordinarily terminates upon delivery.’ ”) (quoting United States v. King, 55 F.3d 1193, 1195-96 (6th Cir. 1995)). 8 Legal Issues Relating to the Testing, Use, and Deployment of Einstein 2.0 legitimate expectation of privacy in Internet communications he makes using a computer that is the property of the United States Government, provided by the taxpayers for his use at work.
discussed Cited as authority (rule) United States v. Garcia (2×)
6th Cir. · 2007 · confidence medium
United States v. King, 55 F.3d 1193, 1195 (6th Cir.1995).
cited Cited as authority (rule) United States v. Garcia, Nicholas
6th Cir. · 2007 · confidence medium
United States v. King, 55 F.3d 1193, 1195 (6th Cir. 1995).
discussed Cited as authority (rule) Steven Warshak v. United States
6th Cir. · 2007 · confidence medium
Id. at 333 (citing United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995)). 6 Guest did not hold that the mere use of an intermediary such as an ISP to send and receive emails amounted to a waiver of a legitimate expectation of privacy.
discussed Cited as authority (rule) Warshak v. United States
6th Cir. · 2007 · confidence medium
Id. at 333 (citing United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995)).6 Guest did not hold that the mere use of an intermediary such as an ISP to send and receive e-mails amounted to a waiver of a legitimate expectation of privacy.
discussed Cited as authority (rule) United States v. Kevin Davis (03-1451) and Keith Presley (03-1621) (2×)
6th Cir. · 2005 · confidence medium
Minnesota v. Carter, 525 U.S. 83, 91 , 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998); United States v. Talley, 275 F.3d 560, 563 (6th Cir.2001); United States v. King, 55 F.3d 1193, 1195 (6th Cir.1995).
cited Cited as authority (rule) United States v. Presley
6th Cir. · 2005 · confidence medium
Minnesota v. Carter, 525 U.S. 83, 91 (1998); United States v. Talley, 275 F.3d 560, 563 (6th Cir. 2001); United States v. King, 55 F.3d 1193, 1195 (6th Cir. 1995).
discussed Cited as authority (rule) United States v. Albert Terrill Jones (2×)
11th Cir. · 2005 · confidence medium
Although letters are protected by the Fourth Amendment, “if a letter is sent to another, the sender’s expectation of privacy ordinarily terminates upon delivery.” United States v. King, 55 F.3d 1193, 1195-96 (6th Cir.1995) (citations omitted).
discussed Cited as authority (rule) United States v. Bruce
6th Cir. · 2005 · confidence medium
We have recognized, for example, that the government may use information obtained in a private search “even if the private party betrayed a confidence in providing the information to the government.” United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995).
discussed Cited as authority (rule) United States v. Floyd Bruce (2×)
6th Cir. · 2005 · confidence medium
We have recognized, for example, that the government may use information obtained in a private search "even if the private party betrayed a confidence in providing the information to the government." United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995).
cited Cited as authority (rule) United States v. Hicks
6th Cir. · 2003 · confidence medium
United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995).
cited Cited as authority (rule) Guest v. Leis
6th Cir. · 2001 · confidence medium
United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995) (citations omitted); see also Maxwell, 45 M.J. at 418 .
discussed Cited as authority (rule) United States v. Gordon
10th Cir. · 1999 · confidence medium
Although letters “are in the general class of effects in which the public at large has a legitimate expectation of privacy,” United States v. Jacobsen, 466 U.S. 109, 115 , 104 S.Ct. 1652 , 80 L.Ed.2d 85 (1984), the Fourth Amendment does not protect items “knowingly exposed to the public.” United States v. Miller, 425 U.S. 435, 442 , 96 S.Ct. 1619 , 48 L.Ed.2d 71 (1976) (internal quotations omitted i. Thus, once a letter is sent to someone, “the sender’s expectation of privacy ordinarily teiminates upon delivery.” United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995).
cited Cited as authority (rule) United States v. Marion Earl Hupp
6th Cir. · 1996 · confidence medium
Rakas, 439 U.S. at 143 ; United States v. King, 55 F.3d 1193, 1195 (6th Cir.1995).
cited Cited as authority (rule) United States v. Randall Carroll
6th Cir. · 1996 · confidence medium
United States v. King, 55 F.3d 1193, 1196-97 (6th Cir.1995); United States v. Aideyan, 11 F.3d 74, 76 (6th Cir.1993).
discussed Cited "see, e.g." State v. Michael Patino
R.I. · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. King, 55 F.3d 1193, 1196 (6th Cir.1995) (“the sender’s expectation of privacy ordinarily terminates upon delivery * * * even though the sender may have instructed the recipient to keep the letters private”); United States v. Maxwell, 45 M.J. 406, 418 (C.A.A.F.1996) (although a sender of an email enjoys a reasonable expectation of privacy, “once the transmissions are received by another person, the transmitter no longer controls its destiny”).
cited Cited "see, e.g." United States v. Hernandez
5th Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995).
discussed Cited "see, e.g." People v. Zahn (2×)
Mich. Ct. App. · 1999 · signal: see also · confidence medium
See 4 LaFave, Search and Seizure (2d ed), § 11.3(f), pp 341-346; see also United States v King, 55 F3d 1193, 1195-1196 (CA 6, 1995); United States v DiMaggio, 744 F Supp 43, 46 (ND NY, 1990).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
David Leigh KING, Defendant-Appellant
94-1556.
Court of Appeals for the Sixth Circuit.
Jun 5, 1995.
55 F.3d 1193
1995 U.S. App. LEXIS 13617
1995 WL 328490
Patrick E. Corbett, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Detroit, MI, for plaintiff-appellee., Thomas V. Wilhelm (argued and briefed), Bloomfield Hills, MI, for defendant-appellant.
Norris, Suhrheinrich, Bertelsman.
Cited by 47 opinions  |  Published
BERTELSMAN, Chief District Judge.

David Leigh King appeals his conviction and sentence for aiding and abetting bank fraud. The United States District Court for the Eastern District of Michigan denied King’s motion to suppress, accepted a conditional guilty plea to one count of aiding and abetting bank fraud, and sentenced King to incarceration for 33 months. King appeals his conviction and sentence claiming that the District Court improperly denied his motion[*1195] to suppress and improperly enhanced his sentence under both United States Sentencing Guideline §§ 2Fl.l(b)(2)(B) and 3Bl.l(c). We affirm the District Court’s decision.

In January 1992, the Federal Bureau of Investigation received information linking David King’s wife, Laura King, to possible bank fraud. At all times relevant to this opinion, David King was incarcerated on unrelated state charges.

During an interview with FBI Special Agent James Triano, Mrs. King admitted committing bank fraud. Mrs. King’s former husband, Peter Trainor, admitted to Agent Triano that he, too, had participated in the bank fraud.

Shortly thereafter, Mrs. King asked Trai-nor to remove some items from her apartment, including various documents. She specifically directed that he burn certain papers.

Acting at Mrs. King’s direction, Trainor removed the items from her home, including a box and suitcase containing fifty-one letters that King had written to his wife from prison. Trainor transported the items he removed from Mrs. King’s apartment to his own home. Despite Mrs. King’s instructions to the contrary, Trainor did not bum any of the documents he removed from Mrs. King’s apartment.

On January 13, 1992, Trainor called Agent Triano and asked to speak to him concerning Trainor’s “exposure” in the bank fraud matter. Trainor informed Agent Triano that he had some property that he felt was “somehow involved in the bank fraud.” Agent Triano met with Trainor and, at Trainor’s suggestion, he reviewed the letters King sent to his wife. The letters contained detailed instructions from defendant to his wife concerning ways in which to commit bank fraud.

On November 5, 1993, an information was filed charging David Leigh King with one count of aiding and abetting bank fraud. Defendant moved to suppress the letters he sent to his wife, but the District Court denied his motion. On January 3, 1994, defendant entered a conditional guilty plea to the one-count information. He reserved the right to appeal any adverse evidentiary and sentencing rulings.

On May 5, 1994, the District Court sentenced King to 33 months imprisonment. In sentencing the defendant, the court determined that King had engaged in a scheme to defraud more than one victim within the meaning of Sentencing Guideline § 2Fl.l(b)(2) and that King was an organizer or leader of criminal activity within the meaning of Sentencing Guideline § 3B1.1. King now appeals both his conviction and his sentence on the grounds that the District Court improperly denied his motion to suppress and that application of both Guideline §§ 2F1.1(b)(2) and 3B1.1 constituted impermissible “double counting.”

THE DISTRICT COURT PROPERLY DENIED KING’S MOTION TO SUPPRESS

We agree with the government’s contention that King has no standing to challenge the government’s seizure and use of the letters he mailed to his wife. We also agree with the government that, even if King had standing to allege a Fourth Amendment violation, the letters should not be suppressed because they were acquired through the acts of a private individual.

The Fourth Amendment [1] to the United States Constitution protects against unreasonable government searches and seizures. To allege a Fourth Amendment violation, an individual must have “a legitimate expectation of privacy” in the items searched or seized. Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); United States v. Barry, 673 F.2d 912 (6th Cir.), cert. denied, 459 U.S. 927, 103 S.Ct. 238, 74 L.Ed.2d 188 (1982).

It is well established that letters are “in the general class of effects” protected by the Fourth Amendment. United States v. Jacobsen, 466 U.S. 109, 114, 104 S.Ct. 1652,[*1196] 1656, 80 L.Ed.2d 85 (1984). However, if a letter is sent to another, the sender’s expectation of privacy ordinarily terminates upon delivery. 4 Wayne R. LaFave, Search and Seizure, § 11.3(f)(1987); United States v. Knoll, 16 F.3d 1318, 1321 (2nd Cir.), cert. denied sub nom., Gleave v. United States, — U.S.-, 115 S.Ct. 574, 130 L.Ed.2d 490 (1994). This is true even though the sender may have instructed the recipient to keep the letters private. United States v. Williams, 951 F.2d 853, 856 (7th Cir.1992) (test for standing is whether sender of note expected it to be returned).

In this ease, King voluntarily mailed the letters at issue to his wife. Although he may have instructed her to preserve the confidentiality of the letters, there is no evidence that he expected her to return the letters to him. Under those circumstances, his expectation of privacy in the letters terminated upon delivery of the letters to his wife. Therefore, King lacks standing to allege a Fourth Amendment violation in the seizure of those letters.

In addition, even if King had standing, the letters should not be suppressed because the government acquired them through the actions of a private individual. The Fourth Amendment does not apply to searches or seizures by private persons. Jacobsen, 466 U.S. at 114, 104 S.Ct. at 1656. Rather, it “proscribes only governmental action and does not apply to a search or seizure, even an unreasonable one, conducted by a private individual not acting as an agent of the government or with the participation or knowledge of any governmental official.” United States v. Lambert, 771 F.2d 83, 89 (6th Cir.), cert. denied, 474 U.S. 1034, 106 S.Ct. 598, 88 L.Ed.2d 577 (1985).

Once a private search is conducted, the government’s subsequent use of the information obtained in the private search does not implicate the Fourth Amendment as long as the government’s use does not exceed the scope of the private search. Jacobsen, 466 U.S. at 116-117, 104 S.Ct. at 1658. This is true even if the private party betrayed a confidence in providing the information to the government:

It is well settled that when an individual reveals private information to another, he assumes the risk that his confidant will reveal that information to the authorities, and if that occurs the Fourth Amendment does not prohibit governmental use of that information. Once frustration of the original expectation of privacy occurs, the Fourth Amendment does not prohibit governmental use of the now nonprivate information: “This Court has held repeatedly that the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in a third party will not be betrayed.”

Id. at 117, 104 S.Ct. at 1658 (quoting United States v. Miller, 425 U.S. 435, 443, 96 S.Ct. 1619, 1624, 48 L.Ed.2d 71 (1976)).

The Fourth Amendment, then, does not prohibit the government from using the information ultimately conveyed to the FBI.

THE DISTRICT COURT DID NOT ERR IN ENHANCING KING’S SENTENCE UNDER BOTH GUIDELINE PROVISIONS

The District Court applied a two-level enhancement to King’s sentence under Sentencing Guideline § 3Bl.l(c) for being the organizer or leader of criminal activity and applied a second two-level enhancement under Guideline § 2Fl.l(b)(2)(B) because the offense involved a scheme to defraud more than one victim. Relying on this court’s decision in United States v. Romano, 970 F.2d 164 (6th Cir.1992), King contends that the District Court engaged in impermissible “double counting” by applying both of these enhancements. King’s reliance is misplaced.

In United States v. Romano, this court concluded that the same conduct could not be used to enhance a defendant’s sentence under more than one enhancement provision, stating, “[I]f certain conduct is used to enhance a defendant’s sentence under one enhancement provision, the defendant should not be penalized for that same conduct again[*1197] under a separate provision.” Romano, 970 F.2d at 167. Accordingly, the court concluded that Romano’s sentence could not be enhanced under Guideline § 3B1.1 for being an organizer or leader of more than five participants and § 2Fl.l(b)(2) for “more than minimal planning” because more than minimal planning is necessarily required to be an organizer or leader of more than five persons. Romano, 970 F.2d at 166-67.

In the case at bar, the District Court enhanced the defendant’s sentence under the more than one victim prong of Guideline § 2Fl.l(b)(2) rather than the more than minimal planning prong of that section. This court has expressly held that enhancement under Guideline § 3B1.1 as well as under the multiple victim prong of § 2Fl.l(b)(2) does not violate the rule enunciated in Romano because “[wjhile the minimal planning element is penalized by § 3Bl.l(a), the multiple victim element is not.” United States v. Aideyan, 11 F.3d 74 (6th Cir.1993); see also United States v. Williams, 1994 WL 702627 at * 6, 1994 U.S. App. LEXIS 35536 at * 17 (6th Cir. Dec. 15, 1994). Accordingly, the District Court properly enhanced King’s sentence under both § 3B1.1 and § 2Fl.l(b). [2]

For the reasons set forth above, the denial of King’s motion to suppress and the sentence imposed by the District Court are hereby AFFIRMED.

1

. The Fourth Amendment reads in pertinent part:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated....
2

. After the Romano case was decided, the Sentencing Guidelines were amended to provide that, absent instructions to the contrary, enhancements must be applied cumulatively. See Sentencing Guideline § 1B1.1, comment n. 4. King argues that application of this amendment to his conduct violates the ex post facto clause of the Constitution. As this appeal may be decided without reliance on the amendment, the Court need not address this contention.