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Search and Seizure

State Action

Law enforcement officers are entrusted with the power to conduct investigations, make arrests, perform searches and seizures of persons and their belongings, and occasionally use lethal force in the line of duty. But this power must be exercised within the boundaries of the law, and when police officers exceed those boundaries they jeopardize the admissibility of any evidence collected for prosecution. By and large, the Fourth Amendment and the case law interpreting it establish these boundaries.

The safeguards enumerated by the Fourth Amendment only apply against STATE ACTION, namely action taken by a governmental official or at the direction of a governmental official. Thus, actions taken by state or federal law enforcement officials or private persons working with law enforcement officials will be subject to the strictures of the Fourth Amendment. Bugging, WIRETAPPING, and other related snooping activity performed by purely private citizens, such as private investigators, do not receive Fourth Amendment scrutiny.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Roberts v. United States Jaycees to Secretary of StateSearch and Seizure - Overview, State Action, Reasonable Expectation Of Privacy, Probable Cause And Reasonable Suspicion, Arrest And Miranda