Criminal Procedure, Section 3051, Professor Passante
4th Amendment Paper
Hypothetical Fact Pattern
Larry did not violate Kathy's Fourth Amendment rights. The Fourth Amendment does not confer a general right of privacy. Instead, it specifically protects people from certain types of government intrusion. Therefore, before one can claim that a Fourth Amendment violation has occurred, one first has to determine whether the government was responsible for the intrusion. Larry is a private security guard. There is no suggestion that Larry is employed by the government in any capacity. Moreover, the harm that Kathy experienced was purely a civil harm; her employer did not call the police but simply fired Kathy. There was no government action; therefore there was no Fourth Amendment violation.
Hypothetical Fact Pattern
Google did not violate the Fourth Amendment by providing Tiny's account information and digital copies of his emails. Google is not a government entity. While it could have refused to turn over Tiny's information to the police unless presented with a warrant, its provision of private information to the government cannot be a Fourth Amendment violation because Google is not a government entity. That does not mean that Officer Gomez did not violate the Fourth Amendment in seeking that information from Google without a warrant. That scenario will be investigated later in the answer and depends on a variety of factors. However,...
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