Legal Insights

[RESPONSE] Nerber Video, Private Search Doctrine, Video/Audio Surveillance by Police or Citizens.

This is a response video to a comment left by JO BR on “Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? Nerber (2000)” video found at https://youtu.be/txO6CPt7JKk [Published on 12/14/2022]

The Fourth Amendment protects you against government intrusions and does not restrict private citizens. Under the private search doctrine, when a private actor finds evidence of criminal conduct after searching someone without a warrant, the government can use the evidence in criminal proceedings. (United States v. Jacobsen, 466 U.S. 109 (1984)). As long as the private actor is not acting at an officer’s invitation or direction. When a private party informs the police about the incriminating evidence, an officer may conduct a search strictly limited to the scope of the private party’s search.

Filed under: 4th Amendment & Searches

Anton Vialtsin

Anton Vialtsin, Esq., E.I. is a San Diego criminal defense attorney and CJA Panel member in the Southern and Central Districts of California. New case breakdowns every Wednesday on YouTube.

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