People v. Smith

Defendant was arrested in Macy’s department store by a special patrolman employed by the store. After the arrest, defendant’s handbag was searched and a key to a locker at the Port Authority Bus Terminal was found in the handbag. Two hours after this search the special patrolman proceeded to the locker, opened it with the key, and removed various property which, allegedly, belonged to Macy’s. Defendant was charged with petit larceny and criminal possession of stolen property.

Defendant now moves to suppress the property taken from the locker on the grounds that the search was in violation of…