For the “exclusionary rule” to apply, the search and seizure must have been conducted by a peace officer or other “state agent.” Evidence discovered by a non peace officer or private citizen does not fall within the protections of the exclusionary rule, and need not necessarily be suppressed.
A fact intensive analysis of the surrounding circumstances is important when determining whether the “private citizen” was acting at the order or discretion of a peace officer. In certain circumstances, a private citizen may be seen as an agent of the police, satisfying the “state action” requirement.
If you or someone you love has been accused of a crime in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.
Read more on this topic in our blog tomorrow.