imported post
tdbarge wrote:
In my post, I did say that Constitutional rights don't apply (terry)... only used the phrase "terry pat" because that's in essence what they were trying to do, ha. I guess I should have used a different word to avoid confusion.
It's always interesting to see incidents involving private citizens or employees in search and seizure. Commonly, employees will search suspects, their friends, purses or bags, and at times, the cars of suspected shoplifters. After the officer arrives, all of that evidence is usable since the employee is not a government official. Makes me wonder why anyone would consent to such searches (but then again, criminals are dumb).
tdbarge wrote:
I believe his "costco member rights" would only apply civilly between him and costco and their contract. I'm sure they will have some clause that protects them in a situation like this. Small claims court only if they can prove they were in some way affected with some sort of injury (financial, mental, etc).He is a member of costco (I assume) so, as pointed out in the previously mentioned thread, he has rights by law. If it was "we search you or you don't get to come in" they might be in the wrong. Just something to look into, be it with corporate or other. That is all.
Also pretty sure Terry v. OH doesn't cover private employees whether they are granting entry or not. Thats an entirely different subject.
In my post, I did say that Constitutional rights don't apply (terry)... only used the phrase "terry pat" because that's in essence what they were trying to do, ha. I guess I should have used a different word to avoid confusion.
It's always interesting to see incidents involving private citizens or employees in search and seizure. Commonly, employees will search suspects, their friends, purses or bags, and at times, the cars of suspected shoplifters. After the officer arrives, all of that evidence is usable since the employee is not a government official. Makes me wonder why anyone would consent to such searches (but then again, criminals are dumb).