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In ca. do security guards have probable cause to search me for being in a dumpster in my own appt. complex? |
in ca. do security guards have probable cause to search me for being in a dumpster in my own appt. complex because i had my hands in my pockets Security guards (a.k.a. rent-a-cop) are no more than private citizens and generally have no authority to search anyone. They could try to stop you and get you to leave the dumpster, report you to the property owner, or call the police, who then will have the authority to search you if there is probable cause or that you have consented to the search. security guards?!? security guards are not government agents (usually) and so the fourth amendment has no application to them. if they were a government agent, i would conclude that being in a dumpster with hands in pockets is sufficiently unusual, that under Terry v. Ohio, a pat-down for weapons would be OK. Security guards are not police, therefore, they do not have the legal authority to search anybody. They need to call the police and have them do it. Sounds like you might have a potential lawsuit here. Stupid rent-a-cops. They couldn't search you but could detain you. An LEO that is moonlighting as a security guard does not need "probably cause" as an above answer stated. All that is required for a terry stop, is reasonable suspicion, which you you presented them with. Of course, if the security guards were just security guards then they generally have no authority to search. There is a difference between a pat-down, and a search however. Did your mother throw you out? (Lol), they can do a frisk to check for weapons. |
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