ABSTRACT
This chapter provides a broad overview of the legal principles of arrest, search, and seizure in the private sector, analyzes the theoretical nexus between the private and public sector in the analysis of constitutional claims, and reviews specific case law decisions, particularly at the appellate level. Constitutional protections were originally implemented to protect the citizenry against governmental, state action that violates particular rights involving search, seizure, and interrogations. Both common law and statutory rationales for the privilege or right of citizen's arrest impose time restrictions on the arresting party. The rationale behind the exclusionary rule is to deter police misconduct and to halt illegal and unjustified investigative processes. When constitutionalism cannot directly apply due to the private action defense, the appellate strategist considers legal actions based on a statutory schema that touches the constitutional theory although in a tangential way.
