had extensive restrictions on search and seizure as established in the Fourth Amendment to the U.S.
Constitution. These restrictions are still, essentially, more severe than those on private citizens, who
are not agents of a government entity. Thus, internal investigators in an organization or private
investigators are not subject to the same restrictions as government officials. Private individuals are
not normally held to the same standards regarding search and seizure since they are not conducting
an unconstitutional government search. However, there are certain exceptions where the Fourth
Amendment applies to private citizens if they act as agents of the government/police. Which of the
following is NOT one of these exceptions?
A.
The private individual conducts a warrantless search of company property for the company.
B.
The private individual conducts a search that would require a search warrant if conducted by a
government entity.
C.
The government is aware of the intent to search or is aware of a search conducted by the private
individual and does not object to these actions.
D.
The private individual performs the search to aid the government.
Explanation:
Since the private individual, say an employee of the company, conducts a search for evidence on
property that is owned by the company and is not acting as an agent of the government, a
warrantless search is permitted. The Fourth Amendment does not apply. For review, the Fourth
Amendment guarantees: The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized. The exigent circumstances doctrine
provides an exception to these guarantees if destruction of evidence is imminent. Then, a
warrantless search and seizure of evidence can be conducted if there is probable cause to suspect
criminal activity. The other answers describe exceptions where the private individual is subject to
the Fourth Amendment guarantees.