Issue link: https://read.dmtmag.com/i/671338
Private Security Guard Searches LEGAL LANE By Jim Klepper 68 April 2016 BestDriverJOBS www.bestdriverjobs.com I am very upset about a security guard at a shipper that came into my truck looking for "con- traband" 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 look- ing around. He never said he was going to get in my truck or ask me if he could, he just did. When I no ced 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 cons tu- onal 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 Amend- ment to the U.S. Constitution applies only to the government and its agents. It stops the government from searching and seizing your property without prob- able cause and a warrant that is specific to the items to search for as well as their location, and what may be taken from your possession. Of course there are several exceptions that allow a war- rantless search (Stop and Frisk; Search Incident 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 govern- ment agent idea. Anyone who is acting on behalf of and under the guidance of the government becomes an agent of the government and as such is covered by the 4th Amendment. The idea is that