More Guest Blogging

The guest blogging at The Volokh Conspiracy continues with The Adventure of the Fruit of the Poisonous Tree, which is sort of like Is Batman a State Actor? except for Sherlock Holmes in Elementary.

2 responses to “More Guest Blogging

  1. In the original stories, Holmes does a lot of private detective work that doesn’t involve the police. While working on these types of cases, is he still bound by restrictions as a state actor, or do those only apply when he is working in conjunction with the police?

    • In Elementary Holmes also occasionally takes on work for private clients. Whether he would be considered a state actor in those cases would depend on the extent to which he walls off his private work from his police consulting work. For example, does he still use police resources? Does he still claim affiliation with the police in order to get information or gain access to locations of interest? Does he make it clear that he’s working for a private client and not consulting with the police on this particular matter?

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