Security officer in NE. I maybe arrested for Felony Obstruction.

[seejaay13]

I work as a security officer in NE. The other day I was working with police on private property. To make the story short... The police were responding to a shots fired at that location and they couldn't find any evidence to nail the guy they caught. They (police) searched his vehicle and couldn't gain entry into the trunk. Anyway, they were releasing the guy when I saw a wire hanging from the tail light of the vehicle. I pulled the wire and the trunk opened. There in plain view was a black bag, the content of that bag were also in plain view. The bag contained a loaded gun and drugs. I alerted officers and handed one of them the bag. Yesterday I get a call from there police sergeant threatening to arrest me for felony obstruction of a police investigation. What do you think will happen.

[Some Random Guy]

I think that the police are pissed that you, while working with the police under color of authority, took it upon yourself to search a locked trunk without a search warrant or exigent circumstances. The fact that the guns in drugs were in plain sight after you broke into the vehicle and opened the trunk doesn't excuse things.
You are being threatened with a felony. Find a lawyer.

[KJHOOK13]

SRG-- If the police had searched the perp's vehicle without a search warrant - is it possible they had been given persmission by him to search?
If that's the case, and I'm just guessing here, would that permission extend to the trunk as well? If shots were fired and the perp is leaving the scene, does that constitute probable cause and would a search warrant be required?

Or is it the fact that the OP is not on the police force and then inadvertently pulled the wire that opened the trunk causing a problem with the prosecutor being able to successfully introduce the evidence?

Just wanting to learn - Thanks!

KJ

[seejaay13]

\ There was also small amounts of marijuana found inside the car, and the police had the suspect’s permission to search his vehicle including the trunk, but couldn't get it open. As they were about to street release him, I pulled the cord/wire out of curiosity making the find. How did I obstruct an investigation when they were finished and cutting him loose?

Not once did the police ask me to leave or stop my activates. Isn't this evidence still admissible in court? The evidence was found by a citizen. The 4th amendment doesn't protect you from being searched by a citizen (unsworn security).

[racer72]

Isn't this evidence still admissible in court.

Probably not, you did not have permission or the authority to open the trunk. 4th Amendment does not apply, you illegally entered the trunk of the vehicle.

[Zigner]

Originally Posted by seejaay13

\ There was also small amounts of marijuana found inside the car, and the police had the suspect’s permission to search his vehicle including the trunk, but couldn't get it open. As they were about to street release him, I pulled the cord/wire out of curiosity making the find. How did I obstruct an investigation when they were finished and cutting him loose?

Not once did the police ask me to leave or stop my activates. Isn't this evidence still admissible in court? The evidence was found by a citizen. The 4th amendment doesn't protect you from being searched by a citizen (unsworn security).

SRG gave you excellent advice. You are being threatened with a felony...find a lawyer.

[CdwJava]

The law in your state may spell out the authority and liability of security officers for searches on the property they are employed upon and it may well be that you are held to a standard similar to that of the police. However, even if not normally held to such a standard, you state that you were activaly aiding the police in the search so you were arguably acting as their agent when you opened the trunk and retrieved the bag. Your actions very likely have rendered the evidence inadmissible and that is what they are likely upset about.

The reaction might be an OVER reaction, but lacking all the details we cannot say.

As previously advised, consult local counsel.

- Carl