What to do about false imprisonment by a security guard for possession of a controlled substance?

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What to do about false imprisonment by a security guard for possession of a controlled substance?

I was at a music festival and got arrested for possession of a controlled substance. However, it wasn’t a cop who discovered it. A security guard decided he wanted to search me and stick his hands into my pockets without my approval or consent, grabbed the baggy and tossed it on the ground next to me and asked a cop to come take a look. I’m going to court in the next couple of weeks, would I be able to defend myself with false imprisonment?

Asked on August 19, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a criminal defense attorney with respect to the criminal matter that you are going to court for in a couple of weeks to give you some counsel with respect to the charge or charges against you. From what you have written, it appears that the security guard may have well been within his or her rights to make a citizen's arrest of you for violating a criminal statute.


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