A violation of the fourth ammendment? And ethics of law enforcement.? (Part 1)?

Question

Recently I was in Atlanta, while I was there my cousins decided to take me out to see a movie. Outside of the movie theater there was a lot of people just hanging out waiting for their movie start. So while we were waiting a young man, wearing a yellow bandanna hanging out of his pocket, approaches the box office with his date to buy tickets. When he turns around to walk away one of the cops on detail walks up to him and sticks his hand in his pocket to confiscate the bandanna.

I brought this up with the people around me, and the general consensus was ''So what? He's only a gangbanger. If the cop found something, he deserves to go to jail anyways". My beliefs are that he is also an American and as such he is protected by the bill of rights. The same way that they violated him, they could also violate you.

What are your thoughts on this?

This is a two part question, but I'm out of room so I will link to the second part of this in a couple of minutes.

http://answers.yahoo.com/question/index;_ylt=AgInTpzOi6R75PdYXQJFsO_sy6IX?qid=20070121182941AAxxGVq

Part 2 ^^^

Just to clarify my point. My problem is not the confiscation. Even though I personally felt the cop was unjust in just taking a bandanna without first asking for it be put away, thats not what I'm asking about.

My problem is that he didn't snatch the bandanna . He SHOVED his hand down his pocket to take it. I don't have a law degree, but numerous attorneys have told me that the cop is only allowed a pat down to check for weapons for his own safety.

Having hand down a pocket = pat down? No.

He wasn't doing anything to arouse suspicion. He was on a date just like a large majority of movie goers.

Answer 1

If the police officer was providing security to the theater, and was acting according to the policies of the theater, he was well within the law- notice that the confiscation only took place after purchasing the tickets and now on private property.

Answer 2

First, does anyone know what gang wears yellow?? Where I'm from that would be a fashion statement, not a gang symbol. Blue or red would be a different story, but... When in certain parts of the city, it's good sense to wear or avoid the appropriate colors, not to associate yourself with the gangs, but to avoid any problems with them. A yellow bandana just isn't probable cause. How was this young man behaving?