Is the conduct of a private citizen who acts in cooperation with or at the direction of a government agent a government action in applying the exclusionary evidence rule?

California, United States of America


The following excerpt is from People v. Jackson, 14 Cal.App.3d 57, 92 Cal.Rptr. 91 (Cal. App. 1970):

[14 Cal.App.3d 66] The conduct of a private citizen who acts in cooperation with or at the direction of government agents is viewed as governmental action in applying the exclusionary evidence rule. (People v. Fierro, 236 Cal.App.2d 344, 46 Cal.Rptr. 132.)

On the other hand if a private citizen engages in conduct on his own, which if engaged in by an agent of the government would constitute an unreasonable search and seizure, the exclusionary evidence rule does not prohibit the state from using as evidence, the fruits of such conduct. (See People v. Tarantino, 45 Cal.2d 590, 595, 290 P.2d 505; People v. Turner, 249 Cal.App.2d 909, 926, 57 Cal.Rptr. 854.)

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