People v. Horman

This appeal presents the issue of whether evidence improperly obtained by a private citizen is admissible in a criminal prosecution.

Defendant was apprehended outside of the S. Klein Department Store, Hempstead, New York, by two store detectives for allegedly stealing an aerator (a small water faucet device). He was taken to the office of the store’s security manager and emptied his pockets at the manager’s request. The security manager then ‘ ‘ frisked ’ ’ defendant to determine if he possessed additional stolen property or weapons. This “ frisk ” revealed a loaded semi-automatic pistol which…