Bounty hunters conducting search for bail jumper are not state actors for Fourth Amendment purposes when acting for profit and without police help

SEARCH & SEIZURE United States v. Poe, No. 07-6237, ___ F.3d ___ (10th Cir. Mar. 3, 2009)(W.D. Oklahoma). Appeal of convictions and sentence for: (1) possession of firearm and ammunition after previous felony conviction; (2) possession of methamphetamine with intent to distribute; and (3) possession of firearm in furtherance of drug trafficking crime in violation of 18 U.S.C. § 922(g)(1), 21 U.S.C. § 841(a)(1), and 18 U.S.C. § 924(c)(1)(A). HELD: Bounty hunters acting without assistance of law enforcement and for own pecuniary gain are not state actors for Fourth Amendment purposes when conducting search during course of seeking out bail-jumper. Mere involvement in bail-bond industry is insufficient to qualify bounty hunter actions as state action. For bounty hunter search of private residence to rise to level of state action requires government knowledge or government acquiescence in search before it occurs. When private individual conducts search not acting as government agent or in concert with government agent, Fourth Amendment is not implicated, no matter how unreasonable the search. Read the opinion here.