Do theatres have the right to search people who they believe are smuggling candy?

[Narnia]

I've been wondering about this for a while. In the US, can a movie theatre legally search a customer to make sure that they aren't sneaking candy into the theatre? I'm not talking about an ice chest full, just a bag or two of mike&ikes or something. Can they confiscate it? Wouldn't this violate the 4th admendment which says "The right of the people to be secure in their persons"..."against unreasonable searches and seizures, shall not be violated"? Am I right in that they cannot search customers? Or am I overlooking some law that says otherwise? Are there any laws/court rulings on this matter? Thanks.

Text of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[JollyRoger]

The 4th Amendment only applies to government or government sanctioned searches.

 

[NovaKart]

I often bring food and drinks in my coat pockets or if I'm going with a girl in her purse. Cinemas are often staffed by minimum wage earners who probably couldn't care less if you bring outside food in as long as you're not too obvious about it. Do they have a right to search you? No idea but I bet it would cause some heated arguments and so I doubt it would happen often.

 

[Camikaze]

I would think a bag search is completely acceptable. Just as acceptable as it is for supermarkets, at any rate. Now, I wouldn't want cinemas to do that, but I guess they're well within their rights if they do.

 

[generalstaff]

It does not violate the 4th Amendment because it only applies to the government. Of course, I have never been searched/seen someone search at a movie theater, likely because if they started searching people, people would just wait for the DVD.

 

[Narnia]

I would think a bag search is completely acceptable. Just as acceptable as it is for supermarkets, at any rate. Now, I wouldn't want cinemas to do that, but I guess they're well within their rights if they do.

Many states have laws that say that shop owners can search someone if they believe that they are shoplifting. However here you are sneaking goods INTO the theatre that YOU already own so this law shouldn't apply. I forgot exactly what this law is called however

 

[JollyRoger]

Many states have laws that say that shop owners can search someone if they believe that they are shoplifting. However here you are sneaking goods INTO the theatre that YOU already own so this law shouldn't apply. I forgot exactly what this law is called however

So what if you snuck food into a restaurant so you could avoid purchasing a meal, yet take up table space?

Theaters make their money on concessions. The distributors are getting most, if not all of the ticket cut.

 

[aimeeandbeatles]

Why would they want to keep people from bringing in their own candy? Whats the point in that?

 

[Silurian]

I took a bottle of vodka into the cinema once and no one stopped me but have never tried doing it in a theatre.

 

[Camikaze]

Many states have laws that say that shop owners can search someone if they believe that they are shoplifting. However here you are sneaking goods INTO the theatre that YOU already own so this law shouldn't apply. I forgot exactly what this law is called however

Business owners can set conditions for entry, or conditions for service. I guess supermarkets have the right to search as a means to prevent shoplifting, but they are able to set a condition of entry that you may be subject to a bag search.

 

[JollyRoger]

Why would they want to keep people from bringing in their own candy? Whats the point in that?

Money - you bypass the concession stand.

 

[aimeeandbeatles]

Money - you bypass the concession stand.

This might matter if the movie itself was free but it cost money to go in.

 

[NYHunter]

Why would they want to keep people from bringing in their own candy? Whats the point in that?

So you can buy the candy that they sell.

I don't think most movie theaters would search your bags anyway. It's just that if they happen to notice it, then they take it away. And I have been to some where you can bring whole meals inside without them caring.

 

[Cutlass]

Frak them and the horse they rode in on. If they want to search me, they won't get my business.

 

[KMRblue1027]

This might matter if the movie itself was free but it cost money to go in.

It the same concept that you can't bring food into six-flags. They want to keep their overpriced monopoly.

PS: I sneak candy into movies all the time

 

[Skwink]

This might matter if the movie itself was free but it cost money to go in.

Companies like to make the top possible profit.

 

[CELTICEMPIRE]

searching people over candy is just silly, it would be ridiculous

 

[Smellincoffee]

I've carried bottled soda into the theatre with me before -- I just tuck the bottle into my jeans pocket and walk right in. I also eat lunch right before I go into the theatre, so I'm never tempted to buy ridiculously priced snacks.

It's not as though searching people would force them to buy concessions.

 

[NovaKart]

This sounds like a good scenario for an episode of curb your enthusiasm.

 

[JollyRoger]

This might matter if the movie itself was free but it cost money to go in.

The movie distributors get most of that money, not the theater.