This Note examines United States v. Va Lerie, a recent Eighth Circuit case involving law enforcement interference with property entrusted to Greyhound, a third-party common carrier. In Va Lerie, the Eighth Circuit established a new test for determining when property entrusted to third-party common carriers is seized within the meaning of the Fourth Amendment. This Note argues that the Eighth Circuit's new test fails to comport with the holding of Jacobsen. As such, the Eighth Circuit should have adhered to a line of precedent that distinguishes between the touching of property by law enforcement officials and a more detailed inquiry "into characteristics [of the property] that could not be observed by merely holding [it]."

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