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CA4: VA's mere licensing armed private security guards not state action in a particular search

By John Wesley Hall, Jr.

The fact private security guards in Virginia are regulated and licensed by the state does not make them state actors in any case where they conduct a search and seizure. The fact the state had disciplinary authority over these guards does not make agency or that they were encouraged in their actions by the state. United States v. Day, 2010 U.S. App. LEXIS 429 (4th Cir. January 8, 2010), revg United States v. Day, 590 F. Supp. 2d 796 (E.D. Va. 2008) (posted here): In these circumstances, we cannot agree with the district court that Virginia's regulatory scheme served to "affirmatively encourage" Costa and Slader's challenged conduct. Rather, Costa and Slader were simply empowered by the Commonwealth to make an arrest. This "'[m]ere governmental authorization'" for an arrest by Costa and Slader, "'in the absence of more active participation or encouragement,'" is insufficient to implicate the Fourth and Fifth Amendments...continue to full post

Full post as published by Fourth Amendment on January 12, 2010 (boomark / email).