Is it legal for a nightclub bouncer to seize my property?
We have an argument going with a former bouncer who claims that he would confiscate peoples' property if it was against the nightclub rules. Examples: Marijuana, outside alcohol, water, weapons.
Most of us believe that a bouncer does not have this authority and this person's actions were criminal. Does anyone know of any laws besides the 4th amendment that pertain to this?
Answers:
Sorry Vic, they do have the right if you are entering their club.. thats what they are paid to do
if hes bigger than you what ya going to do ??
Knock the f.ucker's teeth out!!
no it is not.
a nightclub bouncer has no authority over you at all
What property? Your head? Your bollocks?
Well, being that the bouncer is an employee of the nightclub and not a government agent, I suspect the 4th amendment does not apply. I doubt he can seize your property, but he can throw you out of the club.
I don't know how he'd know if you had marijuana. But yes, he can take away items of this nature. You're in violation of business and law. So legally he can take it away.
Yes, he can. It's a private establishment and they can generally have any rules they wan't.
Marijuana and weapons--should be obvious why they would be confiscated.
Outside food and drink-- If you bring that in, you won't buy theirs. They lose money.
You want in, you play by their rules.
of course not
A nightclub is not a public place. Your presence is part of a contract between you and the club owner. You are subject to the club rules and these might include allowing a bouncer to confiscate contraband.
The rules of the club have to be reasonable. Lets see you argue to a judge that nicking your hash supply was unreasonable.
Inside the building he owns you and every thing you bring into it.
Outside the building he only has a good beating owing to you.
The Fourth Amendment would not pertain to this situation because the bouncer is not a law enforcement officer.
That being said, the bouncer taking your stuff is stealing, so he is not allowed to do that. If you had something that they didn't allow in the bar, you could either give it up willingly, or just leave and not go into the bar. He cannot take your stuff from you, since it is yours and not his.
Okay, you are both wrong and correct ... the bouncer may 'seize' things that are 'not allowed' in that club or concert venue ... but he may not 'keep them' ... if it's an 'illegal item' such as any 'weapon' or 'illegal drug' they must be 'turned over to the police to be 'destroyed' (or auctioned occasionally if not 'lethal') ... things like liquor or water are poured out into a 'drain' so they may not be 'consumed' or 'reclaimed' at the time the person is leaving that venue. The people who own these clubs and concert venues must have a 'permit' from the city, and in those 'permits' are sections that 'lay out in certain terms' what can be 'seized' and how it should be 'disposed of' ... so it's 'legal' but you are correct ... the 'bouncer' is not a police officer, and you don't HAVE to turn anything over to him/her ... but if it's 'not allowed' you won't be let 'in' where you want to go. Sorry, but that IS THE LAW and you MUST LIVE WITH IT.
If you want in the nightclub, you either leave the items in your car or surrender then at the door. If you don't leave them in your car or surrender them then he can forbid you entrance. But the bouncer/doorman can not just arbitrarily remove these items from you.
the 4th amendment doesn't deal with it because a bouncer does not work for any government of the united states. He can tell people they can not enter the building with a particular object (like pot or outside alcohol). He can throw them out for having it inside the building. He cant just force anyone to hand their property over though. If he is throwing someone out and tries to take their stuff away from them then that is theft and they should just file a police report. If it is a condition that they get rid of it in order to enter the private property or to stay there then they have the option to leave if they don't like the rules.
The owner of the establishment can set any rules he likes about bringing in alcohol, water and so forth.
Bringing in weed and weapons is against ALL laws.
The bouncer is hired to enforce the rules.
Yes, he has the right to confiscate any contraband you have in your possession when you enter the club. He can also hold you for police due to illegal guns and drugs.
You do have choices in the matter, however. Leave the establishment or don't bring in things you know are not permitted.
Unless he is a law enforcement officer, working within his jurisdiction, he has no authorization - unless the owner, who has an agreement with the police, grants him the permission. If so, unless it is an illegal substance, he is liable for any/all damages done to the property that he is holding and has to return it to the proper owner upon request (when leaving the club). If he is a law enforcement officer, he has to be working as a cop at the time, and not moon-lighting, unless his department is aware of his activities and gave him authorization. If he is out of his jurisdiction, it must be granted by the Chief of that town. If he is just some guy off the street - he needs to go - he is just a liability waiting to happen. Some people get a little authority and it just goes to thier head.
A bouncer would have authority over what comes into the club. If you wanted to bring in a gun for instance, he could confiscate it, hold it while you are in the club and return it to you when you leave. He might give you a choice, depending on the clubs policies and say turn it over or leave. He has no authority to keep your property and you could probably sue him to get it returned.
yes they can weapons and drugs to handed to the police as evidence but alot of places will stop you bringing in food and drink as they loose money
Contact your local police... it's their jurisdiction... if laws are being broken they will take care of it.
Just curious but my first question has to be: "if you're going to a nightclub, why would you want to risk getting arrested for possession of drugs at a private venue and #2: "if you have a permit for a concealed weapon, what would give him the right to confiscate that weapon?" and #3 "are you speaking of a water bottle, balloon, what?" #4 "if you're not in N.C. with the BYOB law, then if you're going to a private nightclub which obviously already has met the ordinance requirements for an ABC (yes, that's what it's called here in Va) liquor permit, then why would you want to be too cheap to buy their booze anyway?" Hmm!? Just asking.
Besides, if all these ?'s are being debated, is this not coming from some individuals who like to challenge the laws and just get their jollies by doing so? That's what it sounds like to me because basically anybody with common sense already knows how to behave when going to one of these venues unless of course you're related to the Lohans or Hiltons of the world! Behave and you might not have to worry about asking all these questions!
Mrs. T. / Va.
Nope, he's got the right to not let you in or eject you if you're in and need to be out. Thats all.
He does not have the the authority to confiscate private property,He can however refuse entry to the club, call the police, or in the case of an illegally weapon or drug detain the person (citizens arrest) until the police arrive.to use the example of Marijuana, if as a private citizen, he confiscates it from another, technically it is now him that is in posses ion of an illegal substance.however all said and done, it is custom and practise for nightclub doorman to act in such a man nor, and to a degree is accepted.
The bouncer has the authority to refuse entry unless you comply with the (reasonable) rules for admission, but no power to touch you or remove your possessions if you remain outside. As part of a "negotiation" for entry, it might be suggested that you leave certain articles (or abandon them) to his possession. If any of it is illegal, he is now in possession and can be arrested immediately. If you want your possessions back later, he can be sued for conversion of your property to his own use.
At the very least, it is a civil matter between patron and nightclub, and not a criminal matter unless he assaults a customer or defrauds a customer of his possessions.
If you were in the UK, yes but only if you are in the club not outside, you're not even a customer till you get in! The licence holder would be in contravention of licensing laws if they allowed you to consume alcohol bought off their premises, their licence pertains to their own premises only - it's not all about making more money, also to have a late licence the provision of food is required on the premises, would you take your own butties to eat in a restaurant? Drugs you wouldn't get in my club with them - even if you turned them over!
If it is something the club has banned then yes they can but on your leaving premises item must be returned to you.
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