Can armed neighborhood security search a person without asking or identifying themselves?

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Can armed neighborhood security search a person without asking or identifying themselves?

I was walking to my home from the store, accompanied by 2 friends and their mother, when I was approached by 2 armed men asking for ID. I gave them my ID then they proceeded pinning my hands to checking my pockets without my consent.

Asked on November 22, 2011 under Personal Injury, Virginia

Answers:

Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

The fourth amendment of the Constitution to prohibit illegal search and seizure only applies to police officer or anyone works for the police. Unless these security people are performing a public function this protection does not apply here. However, you may have a tort claim of battery, assault, among others, against them.


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