Author Question: Prohibition of unreasonable searches and seizures applies only to government agents and officials. ... (Read 25 times)

joesmith1212

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Prohibition of unreasonable searches and seizures applies only to government agents and officials. Discuss key concepts surrounding private searches, private persons, and third-party origination.
 
  What will be an ideal response?

Question 2

Shortly after they first appeared in America in 1771, Blackstone's famousCommentaries on the Laws of __________became a favorite with aspiring lawyers.
 
  Fill in the blank(s) with correct word



irishcancer18

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Answer to Question 1

No protection exists under the Fourth Amendment for those searches conducted by third parties acting independently absent all direction and supervision from the government. This issue is increasingly common in the courts as more and more cases are brought to the attention of law enforcement via computer repair technicians, network administrators, and systems analysts.Burdeau v. McDowell and United States v. Pervaz are two cases related to this finding. The Court further ruled that the application of the Fourth Amendment in third-party origination cases hinges on a variety of factors like whether the government was involved in any part of the search, the government's intent and degree of control over the search and the private party, and the extent to which the private party aims to help the government or serve its own interests.

Answer to Question 2

England



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