You are field agent for the FBI. You want to search a suspect’s home for documents which will incriminate him in a crime. You know he did it – but you don’t have enough for a search warrant. So, you ask a private individual to assist you. The private individual breaks into the suspect’s home, gets the documents and hands them over to you. You use the docouments to cause the arrest and prosecution of the suspect. His lawyer argues his 4th amendment rights were violated.
1. Was a warrant required for the search by the private individual?
2. What is state action and was it involved in this search?