Legal Question in Criminal Law in California

Unfortunately, your fact scenario really doesn't give much information. Based on this limited information though, I can tell you that not good. Because the police had probable cause that the person (your daughter) was engaged in criminal activity.

Here is the bright side, she may be eligible for prop 36, which is a GREAT thing. One, because it allows the defendant to get the charges dismissed once they complete the program and two it has helped a lot of people get off of drugs.

Please feel free to contact me with any questions you may have.

The Fourth Amendment protects against unreasonable searches and seizures - by the government. Private persons, including security guards are not regulated by the same constitutional constraints.

Having said that, as a first offender, she is probably eligible for a drug program to keep this from becoming a conviction on her record. She'll need a good local criminal defense attorney to guide her through this, along with seeing if there are additional legal issues not discussed here.

I agree with Mr. Dane. Private security guards can't violate anyone's Fourth Amendment rights unless they have been formally deputized or are acting under instructions from the police. And even if they were subject to the Fourth Amendment, it sounds like this particular guard had ample justification.