Pat down by private security nets arrest is the pat down legal?

Question

So if a private security officer decides to pat down a suspect BEFORE calling the police, or if the police pat down a suspect based solely on the word of the security guard will that hold up in court. Normally if a cop pats you down and he's may only feel for weapons,this week anyway.

Answer 1

I don't know for sure, but I think the police must pat you down.I doubt that it would hold up in court if a security guard did it first.

Answer 2

Unless the private security in your state are considered public law enforcement they are not bound to the 5th amendment restrictions.  In other words anything they find by any means is admissible.  The laws pertaining to the "fruit of the poisonous tree" do not apply to most private persons.

A statement by private security to a peach officer may be enough probable cause for a search.

A pat down, or Terry search, can only be for weapons.  This law was from Terry vs. Ohio and was made for officer safety only.  However because Terry vs. Ohio says a search for weapons is legal, anything found during this search is admissible.  To make this make sense, if an officer is searching you for his.her safety and happens upon contraband, that contraband is admissible.

Answer 3

When the police pat a person down, they are looking for anything suspicious, not only weapons.  If they find anything illegal it's bye, bye.  If the suspect is female, a female officer needs to be called to do the pat down.

As for security guards, that depends on what the rules state.  Personally, if I were a security guard I would avoid a pat down.  The security guard may wind up in court depending on the circumstances.

The security guard, I think, should call the police and let them make the judgement call.  However, the security guard needs to keep his/her eyes wide open for weapons.

As for court, it all depends on the circumstances, take your joice.