Legal Question in Constitutional Law in Ohio

Pre-Entry searches at concert facility by security staff members

At a recent concert I attended, I noticed that the concert security staff was performing a low-level pat-down search of all guests. They were searching for substances such as illegal beverages, drugs and/or paraphenalia, etc. The concert was at a privately owned amphitheater, and signs at the front gate expressed that a search may be performed and that by refusing a search, a guest would be denied admission (and would receive a refund for the ticket). Similar searches were conducted of all guests (i.e. no profiling was observed). However, no probable cause was ever established for any of these searches. My question: are security staff members at concerts allowed to do a pre-entry search of a person attending the show. Also, how does the role of a security staff member differ from that of a police officer in this matter. Thanks for your attention and I look forward to hearing from you.


Asked on 6/28/00, 4:00 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Pre-Entry searches at concert facility by security staff members

Private venues have a legal right to impose such reasonable restrictions on admittance as they wish. Banning illegal drugs from a performance, or even legal drugs such as alcohol, is the right of the concert promoter and is done more and more often today as concert crowds become more unruly. The answer of course is if you don't wish to be patted down then simply don't attend.

Security officers have no authority outside the facility, nor any law enforcement authority within. They can do little but report criminal behavior to law enforcement who can take it from there. They are there primarily as bouncers and to keep the peace in such other ways as they find effective.

Times were better and concerts more fun in the 60's.

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Answered on 9/06/00, 10:09 am


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