United States v. Hodges

DECISION

HODGSON, Chief Judge:

The Fourth Amendment guarantees the “right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures____” The Supreme Court has held that this clause applies only to governmental action and not to private individuals who are not acting as a government agent or with participation and knowledge of a government official. United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984). Accordingly, a search or seizure, even if unreasonable, is not prohibited by the Fourth Amendment if it is…