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Name: Morgan v. United States
Case #: 01-55471
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/18/2003

In this civil rights violation case, the Court of Appeals concluded that a person may impliedly consent to a search conducted at the gate of a military base by attempting to enter the base. Such installations often warn of the possibility of a search, and often there is a guard and the base is fenced. These factors, and the nature of a close military base, puncture a civilian’s expectation of privacy. The court remanded for further development of the facts, since from the bare facts alleged in the complaint, the court could not tell if the plaintiff had impliedly consented to the search.