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
The following excerpt is from U.S. v. Pace, 833 F.2d 1307 (9th Cir. 1987):
4 Pace cites United States v. Walther, 652 F.2d 788 (9th Cir.1981) and United States v. Miller, 688 F.2d 652 (9th Cir.1982) in support of his agency argument. These cases are inapposite. The issue in both cases was whether a search conducted by a private citizen should be considered governmental action under the fourth amendment. The significant amount of participation or encouragement by the government which both cases emphasize is lacking in this case.
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