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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience:  30 years as a practising solicitor.
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At a Scottish music festival the power to search is part of

Customer Question

At a Scottish music festival the power to search is part of the terms of entry. However, this agreement to be searched is only implied at entry not throughout the term of the festival. There are no signs to say that "You are subject to search at any time" so if you are subsequently searched by security staff is that illegal? The search by the security staff reveals that you are in possession of drugs which are confiscated and you are moved to a detention area for an interview by the police. You have nothing on your person when searched by the police as the drugs have been confiscated by the security guards. What is the legal position given that the law may have been broken to discover the drugs and the police have relied upon the statements of security personnel who may have performed an illegal search?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
If the search is illegal then the evidence would be inadmissible. The root question is whether the search was illegal. If the person consented to the search it is not illegal. Only a forced search would be illegal and that wouldn't be done. The person would simply be escorted from the event.
It may also be that the terms and conditions of booking cover the issue but again that is not necessary where the person allowed the search.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Would it make any difference if the security staff had effectively mounted a "sting" operation to entrap the person? Would that be illegal making their evidence inadmissible?

Expert:  JGM replied 1 year ago.
In what way was it a sting?
Customer: replied 1 year ago.

The security staff may have been incentivised or targeted to discover drugs. The way my son was detained suggests he was entrapped. There was a torch signal and the security staff moved in.

He was sold the drugs at the festival and if that was orchestrated by the security staff that would explain why he was targeted.

Expert:  JGM replied 1 year ago.
That's not a sting. If he was sold drugs and had then on his person and the security staff found them following a search that he consented to then that is quite legal. The fact that security staff are incentivised doesn't matter. That is how they catch drug users at festivals. There's nothing illegal about it. Possession of drugs is illegal, not catching the people in possession.

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