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E.D.Va.: Vetted, licensed, and armed private security guards are not private actors in Virginia

By John Wesley Hall, Jr.

Private armed security guards in Virginia are heavily regulated by the state, and their arrests are accordingly not private action. United States v. Day, 2008 U.S. Dist. LEXIS 97421 (E.D. Va. December 1, 2008): For the purposes of our analysis, it is enough to observe that the Virginia legislature specifically granted Officers Slader and Costa the power to arrest as armed security officers. These officers were vetted, trained, and continue to be subject to disciplinary action under the aegis of the state's Criminal Justice Services Board. In this context, the state is not a mere passive participant; rather, it affirmatively encouraged and enabled these officers to engage in the complained-of conduct, for without their state-granted authority, these officers could not have acted as de facto police...continue to full post

Full post as published by Fourth Amendment on December 04, 2008 (boomark / email).