There must be government action to implicate the Fourth Amendment and/or Article I, section of the Maine Constitution

The Fourth Amendment to the United States Constitution and Article I, section 5 of the Maine Constitution protect against unlawful searches and seizures.  It is only when a government agent conducts or induces the search that implicates the Fourth Amendment.  So when does a search by a non-government agent implicate the Fourth Amendment and/or Article I, section 5? The test to determine the answer “is whether the private citizen in light of all the circumstances of the case, must be regarded as having acted as an ‘instrument’ or ‘agent’ of the State.”  Coolidge v. NH, 403 US  443 (1971) When a private citizen on their own initiative searches your personal possessions or business and turns the results of the search over to the police then there is no violation or implication of Fourth Amendment and/or Article I, section 5.  However, if the private citizen searches your personal possessions or business at the request of the police then the Fourth Amendment and/or Article I, section 5 is implicated.

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