Woods v. City Court of City of Tucson

OPINION

HATHAWAY, Chief Judge.

This appeal raises the issue of whether the superior court’s ordering the city magistrate to grant defendant’s motion to suppress in a shoplifting prosecution is supportable. The state contends on appeal that since defendant made incriminating statements to a private security guard who was not required to give Miranda 1 warnings, the superior court should not have ordered the city magistrate to grant the defendant’s motion to suppress. We agree.

On November 10, 1979, defendant was detained for shoplifting by Sergio Murueta, a private employee of the security…