Q: our security guards allowed to detain you and search you without a cop present if they say that you were trespassing, bu
This was the first time you have ever been to this building. They are trying to say you are trespassing because you went to another apartment that wasn’t the apartment you signed into as in the person that signed you in you are only allowed to go to their apartment and not other people’s apartments, but it doesn’t clearly state that when you go into the apartment building, they don’t tell you that so how are you supposed to know? When leaving my friend was detained because they said that he was going from one apartment to another, and so that he was trespassing. They detained him and searched him and found a gun. He did not allow them to search him. They just did it without a cop present. Can he get out of this charge for weapon by previous offender?
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A:
Security guards generally do not have the same authority as police officers, which means they cannot detain or search someone without consent unless they have reasonable grounds, such as witnessing a crime or enforcing clear rules that were properly communicated. If the rules about staying within a specific apartment weren’t made clear, it could weaken their justification for claiming trespassing. Additionally, detaining and searching someone without their consent may raise legal questions, especially if a law enforcement officer wasn’t involved.
In your friend’s case, the discovery of the gun could still be problematic if they are a prohibited person. However, if the search was conducted unlawfully, your friend may have grounds to challenge the evidence in court. Courts often review whether a search or detention violated constitutional rights, such as the Fourth Amendment’s protection against unreasonable searches and seizures.
Your friend should consult an attorney as soon as possible to discuss the details of what happened. They can review the legality of the search, the security guards' actions, and any potential defenses related to the trespassing claim. If the search was unlawful, a motion to suppress the evidence could be filed, which might impact the case significantly.
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