Consent to search and rent-a-cops

[Frankingun]

Hi, new to this forum and I figured I'd start out with a topic.  On one of your podcasts, Michael mentioned that he never lets a private security guard search him.  I'd like to know a little more about your reasons why.  For me personally, I've only been frisked a couple of times before going in to a concert, and I've never been confronted like you where when you were leaving the gym in Tampa.

[tombogan03884]

They don't have the authority or the right.

Amendment IV: Warrants and searches.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[JdePietro]

Amen to that but to put things in perspective...

If you are going to a concert and they are "frisking" or searching people going in to the concert your right is the right not to enter. You cannot just walk up to them and say "Oh, no thanks I've got the 4th I'm covered." They will not let you in and you will not get to see the concert. Property rights tend to trump personal rights in certain situations. 

Mr. Bane's story involved trespassing. He went onto their land but his intent was to leave, so they cannot detain him and force a search. Even if the police were involved at that point the police officer would have to provide "probable cause" to search. 

[Kid Shelleen]

In a nod to our good friend Green Mountain Gringo:

Keep your filthy paws off me you damn dirty ape.

[Frankingun]

Thanks for the responses.  I hadn't considered the 4th in my thoughts on the matter.  This also explains why my employer only hires people with police powers (usually reserve officers and special deputies) for their security force.

[Sponsor]

[tombogan03884]

Thanks for the responses.  I hadn't considered the 4th in my thoughts on the matter.  This also explains why my employer only hires people with police powers (usually reserve officers and special deputies) for their security force.

I may be wrong, but it is my understanding that "police powers" only apply on Police business. If they are working for a Private Company, what they do at other times is irrelevant. If they are not actually on Police duty they are just another asshole with a coffee cup.