THIS site raised a question.
If I’m in the mall screwing off with my buds, and the security guard comes over to check out what we’re doing, can he legally search us?
About a year ago one of these dicks did this to my friend. he didn’t really search him, he just friscked him The guard insisted he had the right to pat him down to feel for weapons. I wasn’t there so I know not the entire situation. Can he legally do that?
what if he did feel a gun or a knife or something? could he legally hold you for the cops?
The laws differ from state to state but most are similiar. As long as you are inside the mall on private property, it is legal. And they can hold you for the police too. You can also walk out of the mall unless you are suspected of committing a crime. Some states have laws that define what private security can and cannot do and whether the public areas of shopping centers are public or private property. Look at the entrance at the mall, most post rules as to what is allowed and not allowed while on their property.
The Fourth Amendment protection against illegal searches only applies to state actors, i/e police, agents, etc. Private security guards are just that, private. If they pat you down and find a gun, even if they didn’t have any authority to do so, that gun would be admissible against you in a criminal trial, because there was no state action. The security guards right to hold you for police is the same as any private citizen’s rights. Most States, Wisconsin included (I believe), have specific statutes that outline a private party’s ability to make a citizen’s arrest, so check those out online.
If a private security guard however goes too far, you may be able to sue him for assault, etc. You would need to consult an attorney.