The exclusionary rule would not apply in a case of an unlawful search and seizure conducted by a private citizen acting totally on their own because January 1, 2023 by admin the Fourth Amendment does not apply to private conduct. the exclusionary rule contains a specific exception for private conduct. a private citizen cannot act illegally in searching and seizing another person’s property. the private citizen does not have standing. See Answer the Fourth Amendment does not apply to private conduct.