Fourth Amendment Applicability—Governmental Action (The "Searcher")

• Jurisdiction: Maryland

II. Fourth Amendment applicability—governmental action (the "searcher")

A. Government action

1. Law enforcement officers

The Fourth Amendment applies only to governmental or state action. United States v. Jacobsen, 466 U.S. 109, 113 (1984); State v. Collins, 367 Md. 700, 707 (2002). Action by law enforcement officers obviously qualifies as such. See Collins, 367 Md. at 708. Maryland law defines a police officer as (a) an individual who, "in an official capacity is authorized by law to make arrests"; and (b) is a member of one of 27 enumerated police agencies, as follows: (1) Department of State Police; (2) Police Department of Baltimore City; (3) Baltimore City School Police Force; (4) police department, bureau, or force of a county; (5) police department, bureau, or force of a municipal corporation; (6) Maryland Transit Administration or Maryland Transportation Authority Police Force; (7) University System of Maryland or Morgan State University Police Force; (8) a special police officer who is appointed to enforce the law and maintain order on or protect property of the State or any of its units; (9) Maryland Capitol Police of the Department of General Services; (10) the sheriff of a county whose usual duties include the making of arrests; (11) a regularly employed deputy sheriff of a county who is compensated by the county and whose usual duties include the making of arrests; (12) Natural Resources Police Force of the Department of Natural Resources; (13) Field Enforcement Bureau of the Comptroller's Office; (14) Field Enforcement Division of the Alcohol and Tobacco Commission; (15) Maryland-National Capital Park and Planning Commission Park Police; (16) Housing Authority of Baltimore City Police Force; (17) Crofton Police Department; (18) WMATA Metro Transit Police; (19) a member of the Intelligence and Investigative Division of the Department of Public Safety and Correctional Services; (20) State Forest and Park Service Police Force of the Department of Natural Resources; (21) Washington Suburban Sanitary Commission Police Force; (22) Ocean Pines Police Department; (23) the police force of the Baltimore City Community College; (24) the police force of the Hagerstown Community College; (25) Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department of Public Safety and Correctional Services; (26) police force of the Anne Arundel Community College; and (27) the police department of the Johns Hopkins University.

2. Government employees

The Fourth Amendment also applies to governmental officials, employees, and regulatory personnel engaged in civil activities. Examples include government employers who supervise private property of their employees, O'Connor v. Ortega, 480 U.S. 709, 715 (1987); administrative searches conducted under municipal fire, health, and housing code inspection programs, Camara v. Municipal Court, 387 U.S. 523, 533-34 (1967) and Givner v. State, 210 Md. 484, 503 (1956); workplace searches by inspectors under the Occupational Safety & Health Act, Marshall v. Barlow's, Inc., 436 U.S. 307, 324-25 (1978); federal mine inspections, Donovan v. Dewey, 452 U.S. 594, 602-06 (1981); entry onto a burned premises by fire inspectors, Michigan v. Tyler, 436 U.S. 499, 504-05 (1978); searches and other disciplinary functions by school officials carrying out school policies, New Jersey v. T.L.O, 469 U.S. 325, 336-37 (1985).

3. Off-duty police officers working as private...