Legal Question in Constitutional Law in Florida

My girlfriends ex-husband had a private process server attempt to deliver legal papers at my grandparents home which I have not lived at for over 1 year now. I never even knew her when I lived at that address so there is no way possible that a investigator could link that address to me and her. I believe that he used a military data base to obtain my old residents which we all worked at together at one point. My question is did he violate my 4th amendment?

Asked on 5/23/13, 11:41 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No -- even if you're right about how he got the information, which you might not be.

The Fourth Amendment limits the government's authority to conduct searches and seizures. It does not apply to private individuals or entities. Besides, merely showing up at your grandparents' home was neither a search nor a seizure.

If the process server improperly accessed restricted data about you then he may have broken some laws. You may have remedies available for any such violations. But he didn't violate the Fourth Amendment.

If you're hoping this will somehow undermine the legal papers he was trying to serve, you will be out of luck. If someone properly serves them on you later, the events you describe won't invalidate the service.

Read more
Answered on 5/23/13, 12:47 pm

Related Questions & Answers

More Constitutional Law questions and answers in Florida