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NM: Mall security guards were governed by the Fourth Amendment in their arrest of defendant as performing a police function

By John Wesley Hall, Jr.

Mall security gaurds were considered state actors for the purposes of the Fourth Amendment for their arrest of the defendant. State v. Santiago, 2008 NMCA 41, 2008 N.M. App. LEXIS 12 (January 31, 2008), certiorari granted, No. 30,953, March 19, 2008: [*17] The mall security guards exceeded their private duties or authorization. They were not protecting their employer's property, nor did they execute a lawful citizen's arrest. If the mall security guards had been off-duty police officers, they would be deemed to be acting as an instrument or agent of the Government, and their conduct would be subject to the Fourth Amendment under Murillo. B. State Action Under the Public Function and Government Agent Tests [*18] The conduct of private security guards who are not off-duty police officers may also be measured under Fourth Amendment constitutional standards in appropriate cases...continue to full post

Full post as published by Fourth Amendment on April 05, 2008 (boomark / email).