State-action doctrine

Question 1

Reach of constitutional protections

Answer 1

Constitutional protections apply only to government actions.

Question 2

Government agents

Answer 2

Constitutional protections apply to actions by private persons acting as government agents.

For example:

• The Fourth Amendment could be implicated if the government calls your neighbor and asks her to break into your house to look for marijuana plants;
• The Sixth Amendment could be implicated if the government asks one inmate to speak with another inmate in order to get the second inmate to answer some questions.

Question 3

Defense counsel

Answer 3

Defense counsel (both public and private) are treated as government actors for purposes of the Sixth Amendment with respect to effective assistance of counsel.