Answer to Question 1
The evidence was lawfully obtained. The Fourth Amendment's protection against unreasonable searches only applies to government officials.
Answer to Question 2
The first ten amendments to the Constitution, called the Bill of Rights, include numerous provisions directed at governmental conduct in criminal cases. The important provisions include: the Fourth Amendment prohibition against unreasonable searches and seizures which requires a search warrant in most situations before a search may be conducted; the Fifth Amendment protections of due process, double jeopardy, and the prohibition against being forced to testify against yourself; the Sixth Amendment guarantee of legal representation at all important stages of the criminal process; and the Eighth Amendment prohibition against cruel and unusual punishment.