How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

At a Scottish music festival the power to search is part of

This answer was rated:

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?
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 and other Law Specialists are ready to help you
Customer: replied 2 years 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?

In what way was it a sting?
Customer: replied 2 years 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.

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.