Section 9.2 Sources of Control Over Search and Seizure Activity

• Library: Criminal Practice 2012 Supp

II. (§9.2) Sources of Control Over Search and Seizure Activity

The Fourth Amendment to the United States Constitution serves as the primary source of limitation on search and seizure activity undertaken by government law enforcement personnel. The Fourth Amendment applies only to government conduct and does not apply to searches or seizures effectuated by private citizens not acting at the behest of a government entity. Burdeau v. McDowell, 256 U.S. 465 (1921); State v. Charlton, 114 S.W.3d 378, 383 (Mo. App. S.D. 2003). Whether conduct is attributable to the government depends not on the...