Who's included in the definition of 'government' under the Fourth Amendment?

The definition of 'government' under the Fourth Amendment encompasses a broader category than just law enforcement officers. This interpretation includes various governmental personnel whose roles require them to perform regulatory activities, inspections, or enforcement of rules and laws that may affect individual rights.

Inspectors, firefighters, and school administrators are all included because they represent government entities and are often involved in activities that can implicate Fourth Amendment interests, such as entering private property or conducting searches for safety and compliance reasons. For example, firefighters may need to enter buildings in emergency situations, which raises Fourth Amendment considerations, just as school administrators may need to search a student’s belongings for contraband.

Recognizing the inclusion of these various roles aligns with the overarching principle of the Fourth Amendment, which protects citizens against unreasonable searches and seizures by any governmental authority, not just those with law enforcement capabilities. This ensures that all interactions involving potential searches or inspections are subject to constitutional scrutiny, promoting accountability and safeguarding individual rights.