![handle is hein.journals/pnelwrwan2024 and id is 1 raw text is:
[Vol. 2024: 1, 2024] An Analysis of United States v. Morta
PEPPERDINE LAW REVIEW
An Analysis of United States v. Morta:
Refining the Application of the Other-
Indicia Approach to Criminal-Alias Mail
Nicholas Manning*
Abstract
Americans who use their legal names to send and receive mail through
traditional postal services have long maintained a reasonable expectation of
privacy in that mail under the Fourth Amendment. Courts have also recognized
that even those who use aliases with traditional postal services have a reasonable
expectation ofprivacy in their mail. But circuit courts have split over whether
Americans who use aliases in mail purelyfor criminalpurposes such assending
or receiving drugs should have that same expectation ofprivacy.
More specifically, courts disagree over the correct approach to analyze a
defendant's criminal-alias mail for purposes of Fourth Amendment standing,
which is a prerequisite for determining if the government has violated a
defendant's reasonable expectation of privacy. Should courts analyze other
indicia relevant to the defendant's criminal-alias mail to qffirm or deny Fourth
Amendment standing? Or should courts legalistically qffirm or deny Fourth
Amendment standing for Americans who use criminal-alias mail? This Note
analyzes a recent case, United States v. Morta, in which the Ninth Circuitjoined
several sister courts and adopted the other indicia approach.
This Note argues that the Ninth Circuit was right to do so, because the other-
indicia approach provides a more thorough analysis of Fourth Amendment
standing than the legalistic approach. Moreover, the Note argues that Morta
refined the application ofthe other-indicia approach by explicitly articulating the
need for courts to consider indicia of connection in their other-indicia analysis.
Ultimately, by adopting and refining the other-indicia approach, Morta makes it
* J.D. Candidate, Pepperdine University Caruso School of Law; B.A. UCLA. I am grateful to my
family, friends, and loved ones for their steadfast encouragement and support throughout my legal
education.
1](ViewImageLocal?handle=hein.journals/pnelwrwan2024&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most