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Stop & Search By Private Security Guards Not Subject to Fourth, Fifth Amendments

By Jonathan Byrne

US v. Day: Day was at an apartment complex when he was confronted by two "armed security officers," whom the commonwealth of Virginia has blessed with the power to arrest. The officers saw Day and another man standing outside an apartment, apparently arguing with someone inside. Day allegedly drew a gun from a nearby car and pointed it towards the apartment. At that point, the "armed security officers" rolled up, drew their weapons, and commanded Day to "freeze." Day put the gun back in the car and put his hands up. Officers restrained Day, performed a pat down (without finding anything), and asked Day questions about whether he had anything on him and about the gun. Day admitted having some marijuana in a coat pocket and admitted carry the gun for personal protection...continue to full post

Full post as published by Fourth Circuit Blog on January 11, 2010 (boomark / email).