People v. Superior Court (Harris)

The People have petitioned under Penal Code section 1538.5, subdivision (o) for a writ of prohibition or mandate to compel reversal of an order granting the motion of defendant Linda Harris to suppress evidence.

The issue presented is whether the decision in People v. Zelinski, 24 Cal.3d 357 [ 155 Cal.Rptr. 575 , 594 P.2d 1000 ], should have retroactive application, other than to Zelinski herself. That case held California Constitution article I, section 13, protecting against unreasonable searches, and the exclusionary rule which implements it, now applies to unlawful searches by private security guards when they are not acting in a purely private capacity, for example, recovering stolen merchandise, but rather are “fulfilling a public function in bringing violators of the law to public justice.” (People v. Zelinski, supra, 24 Cal.3d 357, 366 .)

A private store detective working for Robinson’s department store apprehended Harris and codefendant Kevin Harris, her husband, after they were seen shoplifting earrings in the jewelry accessory department and putting the earrings into pouches. The detective searched the pouches and recovered some 35 pairs of stolen earrings.…