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From a legal perspective, this is a common game of cat and mouse law enforcement regularly uses to circumvent the 4th amendment prohibition on unreasonable sear
by will_brown 9y ago
From a legal perspective, this is a common game of cat and mouse law enforcement regularly uses to circumvent the 4th amendment prohibition on unreasonable search and seizures without a warrant.
In other words if law enforcement illegally obtains evidence, that evidence can be suppressed and all evidence as a result (fruit of the poisonous tree doctrine). But the 4th amendment only applies to the government, so a non government actor can otherwise illegally obtain evidence (break in to your home and steal said evidence and turn it over to law enforcement) and you would not be able to suppress the evidence because the government didn’t violate your 4th amendment rights, another private citizen did.
In this case you get entities arguing geek squad is the government/acting on behalf the government, presumably because they took some small payments, on the other hand you have the governments arguement that geek squad is not acting on behalf of the government and in fact the criminals signed a contract allowing geek squad to search and seize evidence of a crime from the computers.
It’s a well settled area of law, but it’s controversial.
- akira2501 9y ago> so a non government actor can otherwise illegally obtain evidence A critical point is the police can't directly or indirectly _solicit_ this behavior. That would be a criminal act in and of itself, but it would maintain your 4th amendment rights.
- JumpCrisscross 9y ago> you would not be able to suppress the evidence because the government didn’t violate your 4th amendment rights, another private citizen did Could you bring a civil suit against the informant? Has anyone?
- gamblor956 9y agoYes, you could bring an invasion of privacy suit against them. I'm not aware of anyone having done so since usually informant doesn't have the resources to justify that sort of lawsuit. And in the case of Best Buy, they're not acting illegally in the situations described in the article.