Can evidence obtained by a private citizen who recovered stolen television sets and turned them in to police be used against the recipient in a receiving-stolen-goods case?

• A. It may be used, because civilians not subject to Fourth Amendment restrictions.
• B. It may not be used because the Fourth Amendment restricts all seizures.
• C. It may be used only if police were involved in obtaining the evidence.
• D. It may be used only if a warrant was obtained for seizure.

Answer: (A)

The key idea is that Fourth Amendment protections apply to government actions, not private individuals. A private citizen who recovers stolen property and hands it to the police is not performing a government seizure. Because the seizure is not the state’s action, the Fourth Amendment doesn’t bar admitting that evidence in a receiving-stolen-goods case simply because it originated with a private person. The police can then use that evidence as they would any other properly obtained information, provided there was no improper conduct by the private party or by officers acting as that party’s agents. The involvement of police or the existence of a warrant isn’t required for the initial private recovery to be admissible.