Can private property search you?

Difdi said:

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probably robbery (removing property by force from the owner while the owner is present meets the test, value of property stolen is irrelevant).

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Difdi said:

<snip> I don't think the security guard tripped over the line, but any threat of force would.

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rapgood said:

i think he not only tripped over the line, i think he took an olympic-sized leap.

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amlevin said:

Maybe he doesn't have the right to forcibly search the bag but his statement "that as long as he's on private property, he must either consent to have it searched, or leave immediately" is pretty much within the rights of a private property owner.

Like it or not, your presence on private property is by permission of the property owner. It can be revoked for pretty much any reason they want.

Frankly, I wouldn't choose to live in an apartment complex that required a security guard.

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DeltaOps said:

Been in the security buisiness. In WA the security guard has no right to search. It is an illegal search and he should be fired for his actions. Security Guards in WA have no more authority than a civilian, unless that security guard is commissioned. I highly doubt that person was. Even if that person was, they still can NOT search you or your bags or property. If you ever have a next time with that person, I would tell them to pack sand, just make sure you do it in a tactical manner.

Remember, a security guard has no more authority than you or I as a civilian in WA State.

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DeltaOps said:

Lets stay away from the renters private property. They were not in the rental, they were outside unloading a Uhaul when they were approached.

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rapgood said:

Close. In Washington, an act of theft does not rise to the level of being "robbery" unless the property is taken forceably from the person who is the owner (not merely present, but from his actual person). Otherwise, it is only theft of some degree, based upon the value of the property taken, or a special classification of theft, such as of a firearm, automobile, etc.

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Difdi said:

That's actually an interesting legal possibility. CAN you be trespassed from the common areas of the apartment complex you pay rent/hold a lease in? If you are, does that bar you from entering or leaving your apartment, since you'd have to enter the area affected by the trespass order to get in or out? Or would the fact of the rental or lease override and negate the trespass order?

Can a trespass order be issued against an invited guest of a tenant without the permission of the tenant? Would it apply to the tenant's rented/leased apartment or just to common areas? If the latter, same question as above, how would you leave the apartment you are a guest in without committing a crime?



True. But I can't imagine anyone not grabbing the handles of their duffel bag if someone lunges in to steal it. And if the owner is holding the handles when the bag is stolen, that changes simple theft into robbery.

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