stating that “in appropriate circumstances a private citizen may also be deemed to act as an agent of the police when the latter merely ‘stand silently by,’ i.e., when they knowingly permit the citizen to conduct an illegal search for their benefit and make no effort to protect the rights of the person being searched”
How later courts described this case
- stating that “in appropriate circumstances a private citizen may also be deemed to act as an agent of the police when the latter merely ‘stand silently by,’ i.e., when they knowingly permit the citizen to conduct an illegal search for their benefit and make no effort to protect the rights of the person being searched”
Written by the judges who cited it.
Distinguished
Distinguished by Tavernetti v. Superior Court, 22 Cal. 3d 187 (1978)
McKinnon, however, is inapposite.
The opinion
SULLIVAN, J.
I join in Parts I and III of Justice Peters’ dissenting opinion. I would therefore affirm the orders appealed from.