Can security at nightclubs search a person?

dermoto

Hi,

Can anyone tell me to what extent security at niteclubs can search you, legally? Could a security person, aka bouncer, legally look through your wallet for example, while performing a routine search for drugs upon entrance?

Also, If a person was caught with illegal substances by a bouncer during a search, can they legally hold that person until the guards arrive, ie: Hold the person against their will, even using physical force if the person attempted to leave?

NOTE: This is hypothetical! It didn't actually happen to me or anyone i know! I would just like information.

seamus

Damn, boards lost my last reply.

Basically, nobody has the right to perform a search of you or your property (including your vehicle) without your permission, or a warrant.

That said, Gardai may perform searches of you or your vehicle is they suspect that an offence is being committed under one of the Misuse of Drugs acts.

The way clubs and other venues work it, is that your entrance to the club is conditional on agreeing to a search. If you refuse, you don't get in. If you agree, then the club can legally search you (you've allowed it after all), and you get in. The club has the right to refuse permission, so I would initially say this is legal, though I couldn't tell you if it's been challenged.

Any person who believes another person has committed, or is committing an offence, may perform a citizen's arrest. You may only detain someone that you've arrested in such a manner, in specific circumstances. It's either:-

a. Where the offence is a criminal one.
b. Where conviction of the offence carries a custodial sentence.

I'm not sure which.

dermot_sheehan

Regarding citizens arrest:
s.4 Criminal Law Act 1997 gives any person the power to arrest someone without warrant if they believe they have committed an offence punishable by more then 5 years in prison and they believe they will seek to avoid arrest by the gardai.

Section 3 and section 29 misuse of drugs act provides maximum penalty for posession of a controlled drug (other then canabis) is 7 years. Even if the drug in question was canabis section 15 (possession with intent to supply) carries a maximum sentence of life so they could detain you even if what they found was canabis if they believed it was for the purpose of supply.

maidhc

gabhain7 wrote:

Regarding citizens arrest:
s.4 Criminal Law Act 1997 gives any person the power to arrest someone without warrant if they believe they have committed an offence punishable by more then 5 years in prison and they believe they will seek to avoid arrest by the gardai.

Very very very foolhardy thing to do. The wording of "avoiding arrest" also suggests something other that merely committing an offence.

As Seamus said, if you consent to being searched, there is no issue, but there is no right to detain someone. Anyone who acts the garda is inviting a claim for assault, false imprisonment and defamation!

skyhighflyer

yeah but is it subjective.. i.e. if they believe? This is to say that even if a retarded ape would have known otherwise as long as their belief was honest it wouldn't make a difference?

maidhc

skyhighflyer wrote:

yeah but is it subjective.. i.e. if they believe? This is to say that even if a retarded ape would have known otherwise as long as their belief was honest it wouldn't make a difference?

No, there must be a reasonable cause to believe it, and if they get it wrong (or even reasonably right) the person who was "arrested" is going to go town to the court in the morning and get whatever damages they want.... and more power to them, we have a police force and don't need private militia men.

seamus

skyhighflyer wrote:

yeah but is it subjective.. i.e. if they believe? This is to say that even if a retarded ape would have known otherwise as long as their belief was honest it wouldn't make a difference?

No, it doesn't work like that, as maidhc points out. Thankfully. If that was the case, every paranoid nosy neighbour would be ringing the guards and having their neighbours arrested and their lives ruined, but getting away scott free because they, "Honestly thought he was dealing drugs".

The problem is that detaining someone in a case that obviously requires it, is probably going to be fairly dangerous to you - i.e. You see a guy shoot another guy. You can be sure that a citizen's arrest and temporary detention is allowed, but would you really do it?