{"id":4246,"date":"2010-07-08T07:20:59","date_gmt":"2010-06-02T16:04:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-02T16:04:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4246","title":{"rendered":"NE: Search by private security assisted by off-duty police to enter a dance club violated Fourth Amendment"},"content":{"rendered":"

A dance club in Omaha had contract security to pat down customers to keep drugs and weapons out of the club, and it used off-duty police officers to assist them. Defendant was subjected to a pat down but resisted the going into his pockets, and the off-duty police officer told him to keep his hands in the air. This was a joint endeavor between the police and the club, and the search violated the Fourth Amendment. State v. Smith<\/a>, 279 Neb. 918, 782 N.W.2d 913 (2010):<\/p>\n

[8-10] The question whether a search is a private search or a government search is one that must be answered taking into consideration the totality of the circumstances. On the record before us, it is clear that the search of Smith was a joint endeavor involving a private person and a state or governmental official. First, we conclude that Harper, although off duty at the time, was acting as a governmental official in his capacity as a police officer. A police officer on “off-duty” status is obligated to preserve the public peace and to protect the lives and property of the public in general. Police officers are considered to be under a duty to respond as police officers 24 hours a day. It has been widely held, based both on common law and statute, that a police officer is not relieved of his or her obligation to preserve the peace while off duty. In Nebraska, it has long been the case that a police officer may provide security to a commercial establishment while off duty and make arrests or take other authoritative action in connection therewith. At the time of the search, Harper was in full police uniform and was carrying a firearm. Although Harper was off duty and employed by the Club, he was acting in his official capacity as a police officer, not as a private citizen. (footnotes omitted)<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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