Pubdate: Thu, 17 Aug 2000 Source: Bay Area Reporter (CA) Copyright: 2000 The Bay Area Reporter / B.A.R. Contact: Address: 395 9th Street, San Francisco, CA 94103 Website: http://www.ebar.com/ Author: Ed Walsh Related: http://www.mapinc.org/drugnews/v00/n787/a04.html ATTORNEY FOR MAN ARRESTED AT MASS PARTY TO FIGHT CLUB'S SEARCH POLICY The attorney defending a man who was arrested at the gay circuit party, Mass, will ask the court to throw out the charges against her client on the grounds that Ten 15 Folsom nightclub security officers violated the man's constitutional rights. San Francisco Assistant Public Defender Sujung Kim is representing a man charged with drug dealing after Ten 15 security officers allegedly found him in possession of several ecstasy tablets. The man was one of seven people arrested on drug charges at Mass on May 28. Kim told the Bay Area Reporter that she believes many of Ten 15's searches are in violation of the Fourth Amendment, which prohibits police or government agents from searching an individual without probable cause. Kim said Ten 15's security officers are acting as de facto government agents because of an agreement the club reached with the San Francisco Police Department and the City Attorney's office last May. Under the pact, Ten 15 agreed to arrest and detain anyone found to be in possession of illegal drugs. The settlement was reached in the wake of a police crackdown on several South of Market after-hours clubs. In a court hearing scheduled for September 27, Kim will ask a judge to rule that Ten 15's security officers are de facto government agents and shouldn't be allowed to conduct searches without probable cause. If the judge decides in her favor, Kim will then argue the charges should be thrown out on the grounds that Ten 15's security officers didn't have probable cause to search her client. The American Civil Liberties Union of Northern California's managing attorney, Alan Schlosser, told the B.A.R. that he agreed with Kim's argument that Ten 15's security should be held to the same standards as police officers. "The Fourth Amendment doesn't apply to private security officers but I think that when you have searches that are taking place pursuant to a court injunction, in which the club is required to comply with it to stay open, I think the question then is whether you are dealing with private searches or whether they are in fact acting as agents of the state," said Schlosser. "It seems to me that these are no longer private searches. "I don't think that the San Francisco Police Department and the city attorney can come in and force a private club to adopt a search policy and then kind of wash their hands of it and say the searches that take place, even if they're unconstitutional, are purely private and therefore the evidence isn't covered by the exclusionary rule." Schlosser also questioned the club's searches of people before they enter the club. "If they are pat searching everyone who comes in, then I think that raises some questions about whether that intrusion is reasonable." Ten 15's attorney, Joe Wood, told the B.A.R. that the club's searches don't violate anyone's constitutional rights because people voluntarily consent to be searched as a condition of entering the club. "That doesn't raise any constitutional issues whether or not you deem them to be private security or government affiliated because it's consensual," Wood said. "As for things that happen inside the club, which is what her [Kim's] client was involved with, if somebody is engaging in what looks to club security like drug related criminal activity, then that person is searched on that basis." Wood added that Ten 15's security is well trained to only search people inside the club when there's probable cause to believe they are engaged in an illegal activity. San Francisco Police acting Southern District Captain, Larry Minasian, told the B.A.R. that since Ten 15 initiated its tough security policy, three to four people on average are arrested each night by club security. Minasian said that the arrests are considered "citizen's arrests" and those arrested are picked up by San Francisco police for booking at the Hall of Justice. Minasian reiterated Ten 15's position that all patrons are admonished both verbally and by posted signs that they will be arrested if found with drugs. - --- MAP posted-by: Doc-Hawk