Article: New Mexico Supreme Court says search at mall not subject to Fourth Amendment

A search performed by private security guards at a privately owned shopping mall is not subject to the Fourth Amendment, the New Mexico Supreme Court has ruled in reversing an appellate court.

The defendant was involved in an argument at a shopping mall. Security guards responded and tried to stop him as he ran out the main entrance doors.

One of the guards maced the defendant, forced him to the ground and handcuffed him. The guards allegedly searched the defendant by reaching inside his pockets and removing several items, including a pill bottle.

Police then transported the defendant to a police substation at the mall and tested the substance in the bottle, which was determined to be ...

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