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NE: Search by private security assisted by off-duty police to enter a dance club violated Fourth Amendment

By John Wesley Hall, Jr.

A dance club in Omaha had contract security to pat down customers, and it used off-duty police officers to assist them. Defendant was subjected to a pat down but resisted the going into his pockets, and the off-duty police officer told him to keep his hands in the air. This was a joint endeavor between the police and the club, and the search violated the Fourth Amendment. State v. Smith, 279 Neb. 918, 2010 Neb. LEXIS 62 (May 28, 2010): [8-10] The question whether a search is a private search or a government search is one that must be answered taking into consideration the totality of the circumstances. On the record before us, it is clear that the search of Smith was a joint endeavor involving a private person and a state or governmental official...continue to full post

Full post as published by Fourth Amendment on June 02, 2010 (boomark / email).