4 min
What is a private search? The Search & Seizure Show
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The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero, here, Senior Legal instructor at Blue to Gold law enforcement training. And today's question is, what evidence can I use from a private search? Well, the short answer is all of it. And here is why a private search is when a person searches or ceases something and there's no government involvement. Now, the general rule is, is that if there is no government involvement, you can use any evidence that they obtained period in the story, even if what they did, would have been completely prohibited if you did it. So what does it mean for a private person to be, you know, to be converted into a government agent, we are looking for things like the officer encouraged the person to do it, they directed or ordered them to do it, or they participated in the in the search, right? When you have those things in play, you have just made that private person, a government agent, and that now everybody has to play by the fourth minute rules. But the other the reverse side of that coin is also true. If the private person is not involved with law enforcement, and they're not being encouraged, directed, ordered. And they're not, you know, in law enforcement officers not participating in it, you can use any evidence they bring you, even if it would have offended the Fourth Amendment. Let me give you a couple examples. Security personnel, detain somebody because they were counting cards, and it was against house rules, right. So they brought the person back to the casino security office, they then opened up this guy's backpack and found drugs. Now they're not going to arrest this person, they were just going to trespass them. So what we have is a detention by a private security officer, and those is going to trespass them. Now they call police that the officers showed up, saw the drugs, right, that was obtained from the backpack. And the question is, can the officer use those drugs? In a case? Can I use it as evidence and answers? Absolutely, yes, no problem. Because even if the officer may have not been able to do the exact same thing, if he or she was on scene, for example, trespassing, somebody would not allow you to go right into their backpack. But it didn't happen with police involvement. Right. So we have another case, where a FedEx employee was really on the hunt for drugs being concealed in FedEx shipping packages. And he apparently, maybe even violated some FedEx rules, by searching boxes and so forth that he thought was contraband. And, in fact, he made, he was behind eight cases for the DEA.
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, it's Anthony Bandiero, here, Senior Legal instructor at Blue to Gold law enforcement training. And today's question is, what evidence can I use from a private search? Well, the short answer is all of it. And here is why a private search is when a person searches or ceases something and there's no government involvement. Now, the general rule is, is that if there is no government involvement, you can use any evidence that they obtained period in the story, even if what they did, would have been completely prohibited if you did it. So what does it mean for a private person to be, you know, to be converted into a government agent, we are looking for things like the officer encouraged the person to do it, they directed or ordered them to do it, or they participated in the in the search, right? When you have those things in play, you have just made that private person, a government agent, and that now everybody has to play by the fourth minute rules. But the other the reverse side of that coin is also true. If the private person is not involved with law enforcement, and they're not being encouraged, directed, ordered. And they're not, you know, in law enforcement officers not participating in it, you can use any evidence they bring you, even if it would have offended the Fourth Amendment. Let me give you a couple examples. Security personnel, detain somebody because they were counting cards, and it was against house rules, right. So they brought the person back to the casino security office, they then opened up this guy's backpack and found drugs. Now they're not going to arrest this person, they were just going to trespass them. So what we have is a detention by a private security officer, and those is going to trespass them. Now they call police that the officers showed up, saw the drugs, right, that was obtained from the backpack. And the question is, can the officer use those drugs? In a case? Can I use it as evidence and answers? Absolutely, yes, no problem. Because even if the officer may have not been able to do the exact same thing, if he or she was on scene, for example, trespassing, somebody would not allow you to go right into their backpack. But it didn't happen with police involvement. Right. So we have another case, where a FedEx employee was really on the hunt for drugs being concealed in FedEx shipping packages. And he apparently, maybe even violated some FedEx rules, by searching boxes and so forth that he thought was contraband. And, in fact, he made, he was behind eight cases for the DEA.
4 min