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2024 Pepp. L. Rev. Ann. 1 (2024)

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