What are our rights when being "searched"?

[Bini]

I'm curious as to what our rights are when it comes to being searched and having our personal belongings searched. I heard from someone that security guards at stores legally cannot search you, however, if they suspect theft they can detain you until police officers arrive. I wanted to note, I have seen security guards stop shoppers that have set off the alarm, and do a search. I'm guessing, if it is illegal for them to do this, the shoppers were not aware of their rights? Or didn't care I suppose.. And how is this different from going to a museum, and waiting to be "checked" by security before entering? I know that airports conduct searches in the name of national security, and pretty much everyone is at the mercy of being patted-down or scanned. So as civilians, what are our rights in these situations? Not sure why I included the airport in this, I don't think we have any rights when it comes to check points. Even when I was 6.5 months pregnant, they gave me the option of being patted-down or going through the scanner - I was advised by my OB to avoid scanners and so I opted for the pat-down by a female TSA.

[Dravin]

Originally Posted by Bini

I wanted to note, I have seen security guards stop shoppers that have set off the alarm, and do a search. I'm guessing, if it is illegal for them to do this, the shoppers were not aware of their rights? Or didn't care I suppose.

You'll run into this a lot with labor laws. Ignorance can be two sided or it can be one sided with someone like an employer knowing they are violating the law but counting on their employees either not knowing the behavior is illegal or not wanting to rock the boat for various reasons. The two sided bit is simply neither employer or employee are aware that laws are being broken.

And how is this different from going to a museum, and waiting to be "checked" by security before entering? I know that airports conduct searches in the name of national security, and pretty much everyone is at the mercy of being patted-down or scanned. So as civilians, what are our rights in these situations?

One thing to keep in mind is in one situation you are trying to enter somewhere, baring airport security when they've already decided to search you, you can leave before the search is conducted. If they're stopping you on the way out though, there really isn't a chance to say, "Eh, I changed my mind."

Keep in mind what exactly your rights are is a bit of a morass and in flux due to court decisions and law. For instance, Indiana had a court decision where it was determine if police were, perceived to be, illegally entering your home you couldn't resist, that was changed by Indiana passing a law essentially giving you the right to resist. I'm not sure that example is strictly search and seizure territory but it demonstrate how talking about rights on such a topic in anything but the most broad terms is a tricky business.

[anatess]

Laws differ by State.

But generally -

Private domain (your house, your car, your body) can only be searched if there's reasonable cause, a warrant is issued, or you give consent.

Federal or State buildings may conduct searches before entry to the building under Homeland Security.

Private businesses and properties my conduct searches before entry to the property if you are notified of the security procedure before hand (usually in some sign somewhere in the entrance or printed on your entry ticket or displayed when you purchased the ticket under Terms of Agreement or some such, in fine print on your membership application, etc).

[rameumptom]

If the individual consents to a search, the security guards can do the search. Otherwise, they wait the police.

[Just_A_Guy]

Originally Posted by rameumptom

If the individual consents to a search, the security guards can do the search. Otherwise, they wait the police.

Right. Though, when the police get there, the testimony of the witness who saw the suspect take the item or heard the alarm go off will give the police probable cause to search me anyways.

If I were a crook, I'd almost rather it be the store that searched me. Lots easier to make a case that the store manager doesn't like me, than to make a case that the cops set me up.

[Bini]

Just thought of something. Can you refuse to be searched by a cop of the opposite gender? I think I already know the answer from what I've seen on TV but then again, how much of that stuff can you really trust? Lol..

[annewandering]

Can an adult child give permission for your property to be searched? I am thinking of the instance where my son had car trouble in our car. The cops insisted he was drunk or stoned. (He wasnt) He has familial tremors so they thought he was scared. Anyway he told them to search the car for drugs or alcohol. They did find an old dried up stem from flowers I bought and insisted they were drugs. lol. Anyway, did he have the right to tell them they could search the car?

[Dravin]

Originally Posted by annewandering

Can an adult child give permission for your property to be searched? I am thinking of the instance where my son had car trouble in our car. The cops insisted he was drunk or stoned. (He wasnt) He has familial tremors so they thought he was scared. Anyway he told them to search the car for drugs or alcohol. They did find an old dried up stem from flowers I bought and insisted they were drugs. lol. Anyway, did he have the right to tell them they could search the car?

This paper, from the Alameda County District Attorney's Office, gives a decent overview of third part consent for a search complete with citations: http://le.alcoda.org/publications/fi...RTYCONSENT.pdf

It's 16 pages but a substantial portion of the length is citation. The short answer, from the above, is:

CONSENT BY CAR OWNERS
The owner of a vehicle, or a person who has the owner’s permission to drive it, may ordinarily permit officers to search it because he has a right to joint access and control.

[annewandering]

ok that makes sense and is probably pretty prevalent through the states. doesnt mean I agree with it however. lol.

[skalenfehl]

This website offers a lot of very good information:

How to Flex Your Rights During Police Encounters

An excellent video to watch as well:

https://www.youtube.com/watch?v=6wXk...eature=related

Great for educating yourself regarding your 1st, 4th, 5th and 14th amendment rights.