{"id":41022,"date":"2019-12-05T15:23:09","date_gmt":"2019-12-05T20:23:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41022"},"modified":"2019-12-05T15:23:09","modified_gmt":"2019-12-05T20:23:09","slug":"e-d-mich-private-security-guards-conducting-search-for-weapon-and-turning-over-to-police-was-private-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41022","title":{"rendered":"E.D.Mich.: Private security guards conducting search for weapon and turning over to police was private search"},"content":{"rendered":"<p>Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to follow the \u201cpublic function\u201d analysis from some \u00a7 1983 cases. United States v. Talton, 2019 U.S. Dist. LEXIS 207722 (E.D. Mich. Dec. 3, 2019).<\/p>\n<p>Plaintiff doesn\u2019t show that his Tasing was for his speech such that the First Amendment was involved. He overcomes qualified immunity on the second of three Tasings, and remanded. The third Tasing appears reasonable. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/19\/12\/182617P.pdf\">Jackson v. Stair<\/a>, 2019 U.S. App. LEXIS 35855 (8th Cir. Dec. 3, 2019).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41022\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52,43],"tags":[],"class_list":["post-41022","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41022","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41022"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41022\/revisions"}],"predecessor-version":[{"id":41023,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41022\/revisions\/41023"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}