Arrested for possession of a controlled substance due to a security guard?

[jimbojimbojames]

California

I was at a music festival and got arrested for possession of a controlled substance. However, it wasn't a cop who discovered it. A security guard decided he wanted to search me and stick his hands into my pockets without my approval or consent, grabbed the baggy and tossed it on the ground next to me and asked a cop to come take a look. I'm going to court in the next couple of weeks, would this situation be considered false imprisonment or something a long those lines?

 

[micmac]

California

I was at a music festival and got arrested for possession of a controlled substance. However, it wasn't a cop who discovered it. A security guard decided he wanted to search me and stick his hands into my pockets without my approval or consent, grabbed the baggy and tossed it on the ground next to me and asked a cop to come take a look. I'm going to court in the next couple of weeks, would this situation be considered false imprisonment or something a long those lines?

I'm assuming you mean an illegal search. A patdown is acceptable and if he felt the baggy and knew what it was (drugs at a music event is really not original) then it's legal. His job is to make sure prohibited items are not brought in. The security guard can only detain you. Plus the cop would need to identify that what you had was indeed drugs.

 

[jimbojimbojames]

I'm assuming you mean an illegal search. A patdown is acceptable and if he felt the baggy and knew what it was (drugs at a music event is really not original) then it's legal. His job is to make sure prohibited items are not brought in. The security guard can only detain you. Plus the cop would need to identify that what you had was indeed drugs.

To my understanding, security guards don't have to power to search people like that. Even if they felt the baggy, they are not allowed to reach in and grab it. They have to ask you what it is and to take it out yourself. If you refuse, they deny you entrance into the event. They are not allowed to search someone to make an arrest. So due to this circumstance, everything that occurred afterwards would be void due to the security guards mistake. Just wondering if i could use this as my defense when court time comes.

 

[micmac]

To my understanding, security guards don't have to power to search people like that. Even if they felt the baggy, they are not allowed to reach in and grab it. They have to ask you what it is and to take it out yourself. If you refuse, they deny you entrance into the event. They are not allowed to search someone to make an arrest. So due to this circumstance, everything that occurred afterwards would be void due to the security guards mistake. Just wondering if i could use this as my defense when court time comes.

So what you are saying is.... you are prepared to subpeona the security guard, and have him say he reached his hand into your pocket and withdrew a baggy of drugs.

BTW, a little point of interest, did the security guard make the arrest or were you momentarily detained while the cop made the arrest? If the SG, as you say, did not have the authority to search you (which is his job - preventing prohibited materials from entering the event) ...but say he was wrong by putting his hands on you... since he lacks the official authority then his "mistake" will not void anything. You can't have it both ways. I will bet the officer will show up in court and testify to the fact that the guard witnessed you with drugs. Then testify the results of his field kit verifying that it was indeed drugs. You will argue that the guard did an illegal search in your opinion and since he will not be in the courtroom..... A better approach would be to stop using drugs, and hope for a slap on the wrist

 

[TheGeekess]

California

I was at a music festival and got arrested for possession of a controlled substance. However, it wasn't a cop who discovered it. A security guard decided he wanted to search me and stick his hands into my pockets without my approval or consent, grabbed the baggy and tossed it on the ground next to me and asked a cop to come take a look. I'm going to court in the next couple of weeks, would this situation be considered false imprisonment or something a long those lines?

I'm sure if you check the back of your ticket stub, you'll find that you consented to any search.

 

[CdwJava]

California

I was at a music festival and got arrested for possession of a controlled substance. However, it wasn't a cop who discovered it. A security guard decided he wanted to search me and stick his hands into my pockets without my approval or consent, grabbed the baggy and tossed it on the ground next to me and asked a cop to come take a look. I'm going to court in the next couple of weeks, would this situation be considered false imprisonment or something a long those lines?

Was this at a search prior to entry? Did you see the people in front of you being searched? If so, you had the choice NOT to be searched by not going in to the event.

In any event, unless the security guard was acting as an agent of the state and searching without consent or probable cause, the search will almost certainly be legal. Consult your attorney and ask if you might be eligible for probation and drug diversion.

 

[jimbojimbojames]

Was this at a search prior to entry? Did you see the people in front of you being searched? If so, you had the choice NOT to be searched by not going in to the event.

In any event, unless the security guard was acting as an agent of the state and searching without consent or probable cause, the search will almost certainly be legal. Consult your attorney and ask if you might be eligible for probation and drug diversion.

Actually, it wasn't at the entrance. They didn't search anyone at the entrance to the venue. I got searched inside the venue when a security guard detained me without any probable cause. I didn't take out the baggie, and wasn't under the influence at that time.

 

[HighwayMan]

Probable cause does not apply to civilians. What do you mean you were "detained"?

So a security guard just walked up to you with no reason and stuck his hands in your pockets just because he felt like it? Sounds like you're leaving out some important details.

 

[CdwJava]

Actually, it wasn't at the entrance. They didn't search anyone at the entrance to the venue. I got searched inside the venue when a security guard detained me without any probable cause. I didn't take out the baggie, and wasn't under the influence at that time.

Then, option B might apply ... unless the security guard was acting as an agent of the government (i.e. he was acting at the direction of a peace officer or other government official) then the evidence will likely be acceptable.

However, you are free to consul an attorney and try to sue him for false imprisonment or battery of some kind.

So ... why did he say he detained you? Or, why do you think he detained you?

 

[Artemis_ofthe_Hunt]

Then, option B might apply ... unless the security guard was acting as an agent of the government (i.e. he was acting at the direction of a peace officer or other government official) then the evidence will likely be acceptable.

However, you are free to consul an attorney and try to sue him for false imprisonment or battery of some kind.

So ... why did he say he detained you? Or, why do you think he detained you?

I know when I do public events, and have done public events, there is a disclaimer on the ticket stub or somewhere on the grounds IN BIG LETTERS that entrance is giving consent to search. I do not need probable cause for search, as it is in job description and consent is implied. Also, there is no such thing as false imprisonment. He was NOT under arrest, he wasn't even detained. If the OP had attempted to leave, he would have been able to. No imprisonment there, at all.

 

[tranquility]

While the security guard may be liable for damages for any illegal actions he took, that does not implicate the 4th amendment unless the police told him to take the action. (More complex than that, but I'll keep it unless a question.) What that means is that the OP has to deal with his criminal charge and is unlikely to get the evidence suppressed. However, he can certainly argue the security guard planted the drugs on him.

 

[jimbojimbojames]

Then, option B might apply ... unless the security guard was acting as an agent of the government (i.e. he was acting at the direction of a peace officer or other government official) then the evidence will likely be acceptable.

However, you are free to consul an attorney and try to sue him for false imprisonment or battery of some kind.

So ... why did he say he detained you? Or, why do you think he detained you?

They detained me because i tried to cross a area that was blocked off due to it being full. I got tackled by 2 security guards and lead to the security area where a supervisor security guard searched me without my consent and reached into my pockets without the direction of an government officer. The security guard had no reason to search me and take my possessions out of my pockets. I wasn't under the influence of any drug at the time. If i had taken the stuff out of my pockets and placed it on the floor, then it would be my fault. However, the security guard had no right to search me because they're not police officers. Even thought being in the event gives them my consent for them to pat me down, it doesn't allow them to reach into my pockets and physically withdraw items.

i looked this up online and even thought it's for a different type of situation, i think it applies to all security guards

SEARCHING THE SUSPECT
You should avoid searching a suspect. Laws protect the rights of suspects who are being searched. This section explains what you should and should not do.
You are not allowed to search someone in order to find evidence for making a citizen's arrest.
When you see someone steal something you have been hired to protect, you may first detain the person by telling him/her that they are under arrest for theft. Then you may physically detain the person for the police to search. You should not give the suspect an opportunity to dispose of any items taken.
If you have reasonable cause to believe you are in physical danger by detaining the suspect, you may search the individual for weapons.
REMEMBER
You may search for only one thing - WEAPONS (Penal Code §846).
METHOD OF "FRISK" SEARCHING FOR WEAPONS
A frisk is nothing more than a quick check to see if a suspect has a concealed
weapon. This should occur after the suspect is arrested. To frisk a suspect,
follow these steps:
A. Stand behind the suspect
B. Run your hands over the outside of their clothing
C. Pat those areas where a weapon might be concealed
D. Remove anything that feels like a weapon
CAUTION
Do not remove any article that does not feel like a weapon.

Wouldn't the mistakes done by the security guard cause them to throw my case out? He shouldn't have searched my pockets and should have gotten a police officer to do so. Even then, i gave no probable cause for a police officer to search me because me trying to get into an area blocked off by security for being full doesn't mean i have drugs on me...

 

[Antigone*]

Funny how it is the security guard's fault and not the dork carrying the illegal substances, right

Google Root Cause, buddy.

 

[tranquility]

They detained me because i tried to cross a area that was blocked off due to it being full. I got tackled by 2 security guards and lead to the security area where a supervisor security guard searched me without my consent and reached into my pockets without the direction of an government officer. The security guard had no reason to search me and take my possessions out of my pockets. I wasn't under the influence of any drug at the time. If i had taken the stuff out of my pockets and placed it on the floor, then it would be my fault. However, the security guard had no right to search me because they're not police officers. Even thought being in the event gives them my consent for them to pat me down, it doesn't allow them to reach into my pockets and physically withdraw items.

See an attorney for any civil litigation you may want to bring against the security guards.

Get a more expensive attorney to deal with your criminal charges. It is unlikely, absent other facts to indicate a government agent, you will get it suppressed.

The constitution has to do with governmental limitations, not private ones.

See also:

People v. William G. (1985) 40 Cal.3d 550

United States v. Jacobsen (1984) 466 U.S. 109

Emslie v. State Bar (1974) 11 Cal.3d 210

People v.Botts (1967) 250 Cal.App.2d 478

Skinner v. Railway Labor Exec. Assn.(1989) 489 U.S. 602

 

[jimbojimbojames]

Well, then since it was a private and not a government official who found the stuff and placed it on the ground.Can't i deny that it was mine since the cops didn't see me in possession of the substance. The only thing officers saw was the stuff on the ground and the security guard saying it was mine.

I did confess to the stuff being mine but I wasn't read my Miranda rights until after I was taken to the police station.