Issue link: https://read.dmtmag.com/i/655281
Legal Lane By Jim Klepper, Attorney at Law 20 // COMPANY DRIVER // APRIL 2016 PRIVATE SECURITY GUARD SEARCHES I am very upset about a security guard at a shipper that came into my truck looking for "contraband" he said. Here is what happened. The guard asked me to go to the other side of my truck and then he got in my cab and started looking around. He never said he was going to get in my truck or ask me if he could, he just did. When I noticed him in my truck I ran to the door and told him to get out. He told me he was authorized to check all truck cabs for "contraband" and just doing his job. We got into a loud argument and I told him to get out of my truck or I would kick him out and then file legal charges against him. He did get out but said he was just doing his job. How can he violate my constitutional rights and do this and is there anything I can do to stop this in the future? Bob from TN. Bob, sorry to hear about your "search" but let me discuss how you can protect yourself in the future. The 4th Amendment to the U.S. Constitution applies only to the government and its agents. It stops the government from searching and seizing your property without probable cause and a warrant that is specific to the items to search for as well as their loca- tion, and what may be taken from your pos- session. Of course there are several excep- tions that allow a warrantless search (Stop and Frisk; Search Incident to a Lawful Arrest; Plain View Doctrine; Hot Pursuit; Automo- bile; and of course, Consent). Since your question is about security guards, let's look closer at the government agent idea. Anyone who is acting on behalf of and under the guidance of the government be- comes an agent of the government and as such is covered by the 4th Amendment. The idea is that the government can't have someone do something for them that they could not do for themselves. This prevents them from abusing your rights. Does this cover the security guard that does not act for or under the guidance of the gov- ernment? Those guards are not prevented by the 4th Amendment from entering your truck on their employer's property. When you enter upon someone's property, like a warehouse dock, you become an invitee and the property owner has certain responsibilities to you. One is to protect you from known dangers on the property. As an employer he has the obliga- tion to protect his employees while they are at work. One of the ways an employer can protect his employees is to limit entry on his property of weapons or drugs. He should post a notice that they are not allowed and a notice that all vehicles and/or persons on the proper- ty are subject to searches. Yes, he can do that.