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Do Security Officers that are employed by a company that provides security to a private business have the right to search someone (Minor or Adult) if they have probable cause without violating personal rights?
State/Country relating to Question: United States Already Tried: I have talked to a local police officer (Memphis Police Department) about this. She said we should be fine but with my company and managers, I want to provide some reassuring evidence. I printed off the article regarding search and seizure before I sent in my question. This was the same police officer who minutes later placed the mother of the searchee under arrest for trespassing on our property(her charges were disorderly conduct I believe) after we told her to leave several times.
Security Officers do have some basic rights to search. It is commonly referred to as the "shopkeeper privilege" or the "shopkeeper exception", and that is the rule that allows business owners to do a minimally intrusive search of individuals who they suspect of shoplifting. Other than that, a search would violate personal rights, since a security officer is not a police officer and does not have the right conduct searches based on probable cause. Sincerely, Dimitry Alexander Kaplun, Esq.
The person was suspected of video taping a movie. He was a minor so if he had been video taping it would have been a federal offense. Does that change anything?
No it does not. A security officer's job is not to uphold federal anti-piracy statutes. Sincerely, Dimitry Alexander Kaplun, Esq.
Shopkeeper Privilege- this a farfetched shot but I'll give it a try: In a movie theatre atmosphere, our product is movies; so if a customer video tapes a movie, he/she is stealing our product (i.e. shoplifting). Under those circumstances, could they have the right to do search for a video recording device? Now if you were to say no to this, should we then call the police, hold the person, and let the police search them?
As you were responding to my comments, I was also busy reviewing the laws of the privilege for you. The best argument to try was to state that cameras are off--limits in theaters, and anyone caught with one can be asked to leave (but you would still not be able to confiscate the item). Under common law, this is what is required for a valid shopkeeper's privilege detainment. 1. Detention of the party must take place at or near the premises--i.e. your theater. 2. You must have "reasonable suspicion" (reasonable grounds) to suspect the person detained. 3. Only reasonable force may be used to detain the person. Only if the person tries to escape or fight back can other force be used. 4. Reasonable perriod and manner of detention. That means a person cannot be held for an hour, and can usually be held only so long as a reasonable determination of facts is established. In other words, find, detain, and hold, and then call the police to have them search the person instead of having you do it. So long as the police get there reasonably quickly, you are protected by the privilege even if the search conducted by the police is found to be unsuccessful. Sincerely, Dimitry Alexander Kaplun, Esq. _____________________________________________________________________ Please click "accept" so I can be compensated for my assistance. Thank you!
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