Quote: Jim Jackson said: Go into a concert venue with a pack, and you'll be asked to allow a search. And if you deny it, you will not be allowed entry. A ticket gains you entry to a venue, but not unconditionally.
Stadiums are more sophisticated. They will scan you with a metal detector (or three), and then ask that you remove any offending devices. That's a world of different from the 'open-and-search' policy that the theater seems to be running. One respects your privacy, while the latter does not....thus it is illegal.
Maybe in Canada, but that's not how the law sees it here. Moreover, both are searches of your person adn property, one just seems less invasive, that's all. I actually got curious enough to do a legal search on it - and it turns out that my memory from law school was right.
Fourth amendment searches are to protect you from illegal searches from the government. That is not what happened here and hence, the 4th is not applicable in this scenario. A movie theatre is private property that gives you, the public, a license via a ticket, to enter private property. A license is a personal privilege to do some act upon land of another not involving possession or allowing you an ownership interest in that property. It is usually revocable at the will of the licensor (here the movie theatre). An admission ticket is considered by law to be a revocable license to (for ex.) witness an attraction - here the movie. If the license is revoked - for failure to comply with the rules of the theatre - (or any venue you seek entry upon stadiums, theatres, amusement parks, etc)- the license holder's recovery (Rex) is limited to the purchase price of the ticket.
