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Article: New Mexico Supreme Court says search at mall not subject to Fourth Amendment
- Article from:
- Lawyers USA
- Article date:
- September 4, 2009
- Author:
CopyrightCopyright 2009 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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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 ...