The Fourth Amendment says nothing about government entities.
The BOR and the rest of the Constitution were written and
instituted as specific guidelines for the creation, function and most importantly CONTROL of government and it’s
actions. As such a private entity such as Capital One in
this instance is not covered by or subject to ANY of the
same restraints that government should be held to.
The Fourth Amendment does not NEED to say anything about
government entities....the entire document is in reference
to government.