Security screenings are to be expected in places like amusement parks, concert venues and sports arenas. But suppose you are caught with an illegal drug or weapon in your bag at one of those scans? Is it legal for police to search the bag?
The answer is probably yes.
In a recent Illinois case, People v. Long, the defendant tried to enter Six Flags America in Gurnee. He went through a security X-ray scanner which revealed a gun in defendant’s bag. Six Flags alerts patrons in advance that firearms are not allowed. Defendant was charged with unlawful possession of a weapon by a felon and aggravated unlawful use of a weapon. Defendant argued that the later search of his bag by Gurnee Police was illegal.
While the Fourth Amendment protects citizens from unlawful searches, a defendant must have a reasonable expectation of privacy in the place searched. To determine if that expectation of privacy is reasonable, the court considers:
(1) ownership of the property searched;
(2) whether the defendant was legitimately present in the area searched;
(3) whether defendant has a possessory interest in the area or property seized;
(4) prior use of the area searched or property seized;
(5) the ability to control or exclude others from the use of the property; and
(6) whether the defendant himself had a subjective expectation of privacy in the property.
Courts look at the totality of the case’s particular circumstances.
The court held that defendant gave up his reasonable expectation of privacy by submitting himself to the Six Flags’ security checkpoint. Once entering Six Flags, defendant did not have the power to limit the type of search that security personnel might conduct. By the time Gurnee police searched his bag, defendant had already given up his expectation of privacy.
If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. In slightly different circumstances, the above case might have ended differently. What if the defendant had walked away before the security screening and then been searched by police as he was leaving the park? When a search is illegal, an attorney can ask the court to suppress the evidence from that search. In certain cases, this could result in your case being dismissed.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
