Special Policy and Private Security
Article 1, Section 14 of the Ohio constitution protects the United States’ people from unreasonable searches and seizers. This is the Fourth Amendment in the United States constitution which prevents violation of public privacy by the government officials. For the private individual who broke into the suspect’s home, the law does not convict him from having undertaken the search with or without a warrant. Therefore, the private individual did not require a warrant for the search but for any state government official, a search warrant is a must since failure to have it would lead to violation of the fourth amendment. In relevance to the ‘Silver platter doctrine’ which requires the court to deny any evidence seized by the federal agents without the search warrant, it directs the court to accept similar evidence if seized by the private agent with or without a search warrant.
On considering the state action, it refers to the government officials’ involvement in any search or seize by either directly acting or instructing what to be is to be done. In the FBI case of requesting a private individual for assistance, the law allows for coordination between private and government agents in public protection, where the government official does not instruct the operation. The state action was therefore not involved in the search but only requested for assistance which is not violation of the fourth amendment of the public rights. In this case, the suspect should be prosecuted with the evidence provided since the state only received the documents but was not involved in the breaking and the search of the evidence documents presented by the private individual. Private agents are not bounded by law in performing their duties without a warrant and therefore, most sectors have turned to hiring the private agents for security and other obligations previously undertaken by the government officials.
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