What is the test for whether a private individual acts as a government agent for Fourth Amendment purposes?

MultiRegion, United States of America

The following excerpt is from United States v. Mazzarella, 784 F.3d 532 (9th Cir. 2015):

We have held that whether a private individual acts as a government agent for Fourth Amendment purposes requires an inquiry into whether the government knew of or acquiesced in the intrusive conduct, and whether the party performing the search intended to assist law enforcement efforts or further his or her own ends. United States v. Reed, 15 F.3d 928, 931 (9th Cir.1994). In Reed, a hotel manager called the police to report suspected drug activity by one of the hotel's guests and asked for police protection as he searched the guest's room, which the police provided.Id. We held that the search fell within the Fourth Amendment's ambit. Id. at 932. We also rejected crime prevention as an independent private motive, reasoning that if crime prevention were deemed a

[784 F.3d 540]

private motive, searches by private parties would never implicate the Fourth Amendment. Id.

Other Questions


What is the standard of review in a case wherein the district court has ruled whether a private citizen was acting as an agent of the government for fourth amendment purposes? (MultiRegion, United States of America)
Does the Fourth Amendment prohibit unreasonable intrusions by private individuals who are acting as government instruments or agents? (MultiRegion, United States of America)
Undercover operations in which the agent is an invited informer, in what circumstances will the agent not be able to conduct a search under the Fourth Amendment? (MultiRegion, United States of America)
What is the role of the Federal Bureau of Investigation in determining whether a search conducted by a private citizen should be considered a governmental action under the fourth amendment? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
How does the Fourth Amendment protect against unreasonable intrusions by private individuals? (MultiRegion, United States of America)
What is the test for qualified immunity for Fourth Amendment violations under the Fourth Amendment? (MultiRegion, United States of America)
What is the difference between whether an individual is a Convention refugee and whether that individual is in need of protection? (Canada (Federal), Canada)
Can a person who entered the apartment door a crack for the purposes of a Fourth Amendment search, obtain a search warrant from the police? (MultiRegion, United States of America)
What is the difference between evidence obtained as a result of a violation of the Fifth Amendment and that reliable evidence obtained under the Fourth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.