Issue link: https://read.dmtmag.com/i/661432
Law 101 Trucking by Jim C. Klepper - Attorney at Law 800-333-DRIVE www.interstatetrucker.com www.driverslegalplan.com Private Security Guard Searches I am very upset about a security guard at a ship- per 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 au- thorized 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 fi le legal charges against him. He did get out but said he was just doing his job. How can he violate my constitu- tional 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 specifi c to the items to search for as well as their location, and what may be taken from your posses- sion. Of course there are several exceptions that allow a warrantless search (Stop and Frisk; Search In- cident to a Lawful Arrest; Plain View Doctrine; Hot Pursuit; Automobile; and of course, Consent). Since your question is about security guards, let's look closer at the government agent idea. Any- one who is acting on behalf of and under the guidance of the govern- ment becomes 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 them- selves. This prevents them from abusing your rights. Does this cover the security guard that does not act for or under the guidance of the government? 14 www.studentdriverplacement.com March '16