Is a Security Guard a State Actor if Responding to a Tip From a Police Officer

[NUH0307]

My question involves criminal law for the state of: New York

I would appreciate any information that one could provide, and thank you all in advance.

If a private college security guard, who has no peace officer status, receives a tip from a police officer relating to the possession of drugs/narcotics in a dorm room and acts on that tip, does that make the security guard an agent of the state for search and seizure purposes?

The police officer phoned in the tip, and made no request for the security guard to search the dorm, nor was the police involved in the physical search of the dorm.

The security guards located drugs/narcotics in the dorm room, the police were then contacted, and the drugs/narcotics were seized. But no arrest was made.

Does the fact that the police officer made the original tip mean that the security guard was acting as an agent of the state?

[Conrad Hunter]

Yes, the guard was acting as an agent for the police. The drugs, should the matter go to criminal court, should be excluded from evidence.

What authority do the security guards have? Do they have a right to enter a dorm room? Did the person making the tip identify himself to the guard? What is the policy of the college in regards to security guards getting such a tip? How did a cop know what was located in the dorm room?

I take it this must be a private school. The officers in public schools that I am aware of are usually sworn law enforcement officers. In Wisconsin, they are, for example, state police.

A warrant could still be issued. You might want to talk to local counsel now.

[Mr. Knowitall]

Yes, the guard was acting as an agent for the police. The drugs, should the matter go to criminal court, should be excluded from evidence.

Although it's possible, it's not from what was stated that the security guard was acting as an agent of the police. But if no charges are filed and it's a private college, the issue is moot.

[PTPD22]

Yes, the guard was acting as an agent for the police. The drugs, should the matter go to criminal court, should be excluded from evidence.

What authority do the security guards have? Do they have a right to enter a dorm room? Did the person making the tip identify himself to the guard? What is the policy of the college in regards to security guards getting such a tip? How did a cop know what was located in the dorm room?

Without having the answers to the questions in your second paragraph, your self-assured statement in the first paragraph is pure conjecture. The cop may have been alerting the security guard to something that was firmly within the guard's purview to investigate. Without more information (such as the very questions you ask), there is no way to determine if the guard was a de facto agent of the state.

But, unless criminal charges are filed, the point is de facto moot. Even if the guard was acting as an agent of the state, that would only mean that the fruits of the search could be excluded as evidence in a criminal trial.

[NUH0307]

Thank you all for the answers so far, they are appreciated.

What authority do the security guards have? The security guards only have authority to enforce the school rules. They can not issue traffic tickets or appearance tickets, and can only make a citizens arrests if the situation dictates. They have no police power.
Do they have a right to enter a dorm room? According to their policies they can enter a room if they have a founded suspicion that a law or policy is being broken. They call it a safety inspection or a welfare check
Did the person making the tip identify himself to the guard? The person who made the tip was known to the guard, and identified himself as a Police Officer.
What is the policy of the college in regards to security guards getting such a tip? From my understanding once a tip is received they have to conduct their own investigation to determine whether the type meets their level of founded suspicion before they can act.
How did a cop know what was located in the dorm room?An informant of the cop stated that he observed the drugs/narcotics in this dorm room, in a specific location.

I take it this must be a private school? In New York it depends on the school. Some have no peace or police officer status, some have peace officer status, and yet other have full police powers. This particular one has no police or peace officer status

Again thank you all for the help. I look forward to learning more about this particular incident.

[free9man]

Do they have a right to enter a dorm room? According to their policies they can enter a room if they have a founded suspicion that a law or policy is being broken. They call it a safety inspection or a welfare check

Well it sounds like they had a founded suspicion and thus entered under their own authority.

Did the person making the tip identify himself to the guard? The person who made the tip was known to the guard, and identified himself as a Police Officer.

That makes it a pretty reliable tip.

What is the policy of the college in regards to security guards getting such a tip? From my understanding once a tip is received they have to conduct their own investigation to determine whether the type meets their level of founded suspicion before they can act.

The fact it came from a police officer probably is going to meet that burden. Coming from another student...not likely.

How did a cop know what was located in the dorm room?An informant of the cop stated that he observed the drugs/narcotics in this dorm room, in a specific location.

Okay, here is where you might have some traction. Were the drugs in plain view? I imagine the campus security's authority probably only extends to entering the dorm and looking around to see if there is any obvious sign of criminal activity/distress. If he went rooting around in your drawers/cabinets...that may be another matter entirely.

As previously mentioned, it's all moot unless/until you are charged. Understand that the evidence, depending on the full facts, may still be admissible in a school disciplinary action even if excluded in criminal court. Without access to the full facts as well as your housing contract and the school security SOPs/regs...we can only guess.

[Conrad Hunter]

Some more conjecture as I am not proficient in remote mind reading.

I do not think criminal charges will result as it does not seem like that was the intent here. The intent was to get the drugs and dispose of them. If criminal charges were the intent, the guards would not have been involved. The police officer would have taken the informant before a judge in chambers. The informant, actually does not talk, but is there as authentication of what the police officer is saying. The judge determines if there is probable cause, and there almost always is, and he issues a search warrant. I have seen this done as quickly as ten minutes.

The police would go in, notify the guards as a courtesy and as witnesses to the warrant and search and enter the room. That would be a legal search and the criminal wheels would then begin grinding. It would also be public and the school would have no choice but to kick you out formally and publicly.

Did the guards write a report? Is there a set procedure for what happens to that report? That might give you a clue how long you will be a student there together with any info on how the school handles these incidents. It will also depend on your record there, how rich your family is, and other factors.

A big issue too that complicates things is if the dorm room houses more than one student.

Returning to my original message. We are not talking about night watchmen here. These security guards are dealing with students, private rooms and private property. They must have had training, including on the law and constitutional rights. They got a tip from a police officer. Yes, absolutely they were agents of the police and are close enough to police officers with a presumption that they know the law, for the search to be unconstitutional. One can't sign away constitutional rights via a rental agreement or student rules. One can be subject to school discipline, but criminal charges would cause any good lawyer to get the evidence excluded.

If a citizen finds, steals, etc. material that can be evidence and turns it over the the police, it can be used and would be admissible. A citizen wiretap is illegal, but turned over to the police it becomes admissible evidence. That is not the situation here. The guards are police agents. There is plenty of case law on this. But again, I don't think criminal prosecution was the intent or goal.

[free9man]

No, no, just no. Courts have held that if narrowly defined that students can waive their 4th Amendment protections. If campus security acted in accordance with their policies and any housing agreement, the search may stand. The police simply saying "we got a tip" does NOT automatically rise to the level of them directing the search, especially if there was no request for search made. Not saying a good lawyer couldn't get it tossed but it isn't just going to happen as a blanket rule. Different courts seem to view the issue differently.

Again, it's moot until charges are filed.

[indybail]

If this situation involves college student housing, I am having a hard time imagining that the housing agreement would preclude the college from looking for contraband.