Phoenix DUI Law Blog
A recent case before the Arizona Court of Appeals, Division One highlights the limit of Fourth Amendment protections when a government actor is not involved in a search or seizure. The June 2024 case revolves around images that several teachers found on their co-teacher’s laptop. Even though the defendant tried to argue that the superior court’s ruling violated his right to privacy, the higher court disagreed, deciding that the defendant’s coworkers were not “state actors” for purposes of the Fourth Amendment. The court ultimately denied the defendant’s appeal.
The Fourth Amendment: What You Need to Know
The Fourth Amendment protects individuals against unreasonable searches and seizures. Case law defines a “search” as a government action infringing on a person’s reasonable privacy expectation. Police officers searching a personal vehicle, for example, are subject to Fourth Amendment standards and don’t technically have free reign to search a person’s property. The Fourth Amendment also applies to government searches of a person’s clothing, home, belongings, or technology.
Searches by Private Individuals
When a private individual, instead of a government actor, searches a person’s property, the same standard does not apply. In the case before the Arizona Court of Appeals, the defendant asked the court to overturn the lower court’s denial of his motion to suppress. The defendant’s coworkers searched his personal laptop, looking for the defendant’s lesson plans for a related class. The coworkers came upon child pornographic photos during their search, and they later turned these photos into the police. These photos later resulted in a conviction for sexual exploitation of a minor.
Even though this search seemed like an invasion of the defendant’s privacy, the Court concluded that there was nothing it could do under the Fourth Amendment. The Fourth Amendment, clarified the court, protects only against government action, and the coworkers’ search of the laptop did not qualify as “government action.”
Therefore, the court denied the defendant’s appeal. The case serves as a reminder that while the Fourth Amendment can be a powerful tool, it also has its limits. Successfully suppressing evidence when no government actors are involved can be tough, but with the right Phoenix criminal defense attorney, you can come up with a strategy that gives you the best possible chance of getting your charges dropped.
Do You Need a Phoenix Criminal Defense Attorney by Your Side?
If you or a loved one is facing criminal charges in Arizona, give the Law Office of James E. Novak a call so that we can help you figure out how to move forward. Navigating the criminal legal landscape in Arizona is no easy task. At our office, we have decades of experience in the field, and we leverage our expertise to get our clients the results they need. To make sure your voice is heard and your rights are protected, give our firm a call.
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