Santa Ana, CA asked in Civil Rights for California

Q: I'm a homeless individual residing at a shelter/hotel due to covid 19. Can a security guard legally body search clients?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You question is ambiguous, because I don't understand what you mean by "body search". If that means to search you for contraband, such as items the shelter's rules may prohibit you from bringing into the shelter, then the answer is yes, you can be searched for prohibited items as a condition of staying on the premises. If you are referring instead to a more intrusive "body cavity" search, the answer might not be the same. That kind of search just might be too intrusive to be delegated to a "security guard" rather than a police officer who might be taking you into police custody.

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