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ALSTON v. UNITED STATES

No. 84-1519.

518 A.2d 439 (1986)

LaAquanetta ALSTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 26, 1986.

Attorney(s) appearing for the Case

Enid Hinkes, Washington, D.C., appointed by this court, for appellant.

Joseph E. diGenova, U.S. Atty., with whom Michael W. Farrell, Thomas J. Tourish, Jr., and Lizabeth A. McKibben, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before FERREN, BELSON and STEADMAN, Associate Judges.

STEADMAN, Associate Judge:

Appellant was convicted in a bench trial of one count of shoplifting, in violation of D.C.Code § 22-3813 (1986 Supp.).1 Appellant claims that the trial court erred in denying her motion to suppress the contents of her tote bag on the ground that the search was by a private citizen and therefore the Fourth Amendment did not apply. We conclude that the department store employee who searched her bag was, under...

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