W.D.Tenn.: Apt complex private security detained and searched def for trespass, and it was a private search

Defendant was in a friend’s apartment smoking pot when the complex’s security guards came to a noise complaint. Defendant was on a no-trespassing list and he was handcuffed and searched. Defendant had no standing in the pot in the apartment. He did have standing to challenge the search of his own person, but the court finds that the security guards were acting entirely on their own and not as agents of the state. “Additionally, there is no evidence that Boyd detained and searched Williams with the intent of assisting law enforcement officers in their investigative efforts.” United States v. Williams, 2016 U.S. Dist. LEXIS 97365 (W.D.Tenn. June 24, 2016).*

Defendant’s shotgun was protruding from his backpack. It was obvious, and it wasn’t an inventory to find it. United States v. Castaneda, 2016 U.S. Dist. LEXIS 95896 (D.Ariz. July 22, 2016).*