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To: TexasGurl24
No. The 4th Amendment requires government action.

But, will information provided to the government by private businesses be acted upon properly? If a business owner points to a customer and cries to a government agent, "he's got a gun!!", do you think the agent is going to honor freedom from search and seizure?

36 posted on 06/16/2021 10:15:05 AM PDT by fwdude (“I do think at a certain point you've paid enough taxes.” — Not Obama)
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To: fwdude

Also if it is used at a school or university, that is government compelling you to be searched against your will in order to exercise all the rights of being a citizen.


38 posted on 06/16/2021 10:21:47 AM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: fwdude

That’s all been addressed in decades of case law.

Example: Let’s say you are cooking meth in your basement. If Officer Joe just kicks your door in without a warrant because he has a hunch that you are cooking meth, that’s a clear 4th Amendment violation.

If Officer Joe tells your neighbor, John, to kick in your door and take pictures so he can get a warrant, that’s also a 4th Amendment violation because John is acting as a government agent.

However, let’s say that John, of his own accord, thinks that you are cooking meth, so he breaks into your house and night and takes pictures of your meth lab and then takes them to the police. John has actually committed a crime (breaking and entering) but the police can still use the information that he provides to obtain a warrant and search your house even though it came from John who was committing a crime at the time he did it, because he was a private person not acting as a government agent at the time of the search.

That’s how it works. Read the cases I cited.


40 posted on 06/16/2021 10:34:08 AM PDT by TexasGurl24
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To: fwdude

doesn’t have too, then it becomes probable cause.


43 posted on 06/16/2021 12:07:50 PM PDT by bdfromlv (Leavenworth hard time)
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