Bar Patrons harrassed inside private club

[Donna Collins]

I am located in Texas an am employed at a private club on weekends. Two week ago about 20 officers, (TABC, Fire Marshalls, State Troopers, Local Police, etc.) entered the bar and proceeded to choose people at random to either search handbags, search individuals, (i.e. empty all pockets) and/or ask customers to step outside the bar. All of this without any explantaion of why. If they did not cooperate with the order they were immediately arrested.
This was all done in a very gustapo like manner. My question is: Can this be done? Seems like some civil rights violations maybe? Do the bar patrons have the right to say NO, and not consent to random searches, etc.?

 

[BelizeBreeze]

what is the rest of the story?

 

[Donna Collins]

Rest of Story-Bar patron

Not really a lot left to story. Small Lake Communiity - July 4th DUI arrests were numerous. Probably due to the 20 state trooper task force in town. Other bars in the area were "raided" in the same manner on the same night.
This business was the only Restaurant/Bar and not a hangout for the area problem people. But I guess they couldn't leave empty handed.

Two customers playing pool, (biker types) causing no problem, not intoxicated were approached and asked to immediately empty their pockets. Upon finding small amounts of marijuana in their possession, they were arrested.

Customer sitting at the bar (regular patron) and obviously not intoxicated was tapped on the shoulder by the TABC officer and asked if he would follow him. Customer obliged but when they got to the front door he politely asked what the problem was and why he needed to step outside. Officer said "Well, I guess we can handle it here. No, on second thought we won't."
He then grabbed the customers forearm and pulled him towards the door with still no explantation of why???? Customer instinctively pulled back from the officer and next thing you know there are four officers on top of him applying handcuffs. Can you be arrested for asking why? If customer was not under arrest, how could this be resisting?

These were the only patrons that were arrested, but 3 - 5 more were either asked to empty pockets, permission to search purses, or given sobriety test in one way or another.

 

[CdwJava]

Was the bar in operation after hours? Or, were they lacking the proper licenses?

That - by itself - wouldn't justify a forced search of the patrons, but asking people to empty their pockets is still arguably consent.

- Carl

 

[Donna Collins]

Bar was in regular operating hours. All permits and licenses current and in good standing. Comment made that this bar runs a pretty tight ship. Only other info is that law enforcement said that they were taking a pro-active stance on DUI's.

 

[CdwJava]

Bar was in regular operating hours. All permits and licenses current and in good standing. Comment made that this bar runs a pretty tight ship. Only other info is that law enforcement said that they were taking a pro-active stance on DUI's.

Seems potentially problematic to me.

BUT! If they asked for permission, and people complied, that's consent and it is perfectly legal. Unless some way out of whack TX law says that people within a bar must agree to a search without cause, then they had a right to refuse. If they failed to exercise their right, they have no standing to do anything but squawk after the fact.


I'd be real curious to know what the actual charges were for those allegedly arrested for failing to cooperate. My guess is that the cops have a different tack on that. But, only the subjects arrested have any standing to take legal action.

- Carl

 

[outonbail]

I think I would install surveillance cameras inside the bar and outside as well, with a recording device away from the bar at a remote location where it wouldn't be confiscated (in the interest of justice) This way, if another questionable situation takes place, you have substantial proof to support your claims and assist you in whatever further action it may require to stop this from continuing.

Because if this did in fact happen just as you describe, I don't see how it can possibly be justified.

Unfortunately, at this point it will be a matter of your statement and those of your patrons, against what the police claim.

This leaves little chance of anything changing, other than really pissing off the officers you include on your complaint.

 

[calatty]

There are cases, at least in CA and probably in TX too, saying bar shakedowns like that violate the Fourth Amendment. The police need probable cause that a person is engaging illegal activity to justify a search.

 

[Donna Collins]

The customer was charged with resisting arrest and PI. Again, I don't know how he could be resisting when he didn't know what the officer wanted and had not been told he was under arrest. I was a little uneasy when the officer grabbed his arm with no provocation - seemed like he just added fuel to the fire. As far as the PI charge, I did hear that when issued inside the bar if the bartender on duty is not cited as well, the charge won't hold up. But, he is one of the "well to do" business owners in the area and has filed suit regarding the matter. You are right about the whacked laws in TX - but I guess we will see.

The surveillance cameras would be good, and will mention it to the owner tonight. I guess this is such a small community you never think you really need them to protect you from law enforcement. But, the area has recently been tagged as the METH CAPITAL of Texas so I guess they take a more
defensive approach instead cooperative and respectful.