Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D. Mich: Civil discovery requests do not implicate Fourth Amendment

By John Wesley Hall, Jr.

Civil discovery requests do not implicate the Fourth Amendment. Flagg v. City of Detroit, 2008 U.S. Dist. LEXIS 64735 (E.D. Mich. August 22, 2008): [T]he discovery efforts of the private Plaintiff do not implicate the Fourth Amendment protection against unreasonable searches and seizures. See United States v. Jacobsen, 466 U.S. 109, 113, 104 S. Ct. 1652, 1656 (1984) (confirming that the Fourth Amendment "proscrib[es] only governmental action," and does not apply to searches conducted by private individuals); see also United States v. International Business Machines Corp., 83 F.R.D. 97, 102 (S.D.N.Y. 1979) ("It strains common sense and constitutional analysis to conclude that the fourth amendment was meant to protect against unreasonable discovery demands made by a private litigant in the course of civil litigation...continue to full post

Full post as published by Fourth Amendment on August 27, 2008 (boomark / email).