In a recent opinion from a New York court, the defendant’s appeal of his forgery conviction was denied. Originally, the defendant was convicted of criminal possession of a forged instrument due to his attempts at using a fake gift card to purchase items at a department store. He was also convicted of petit larceny, and he appealed both convictions. The higher court considered the defendant’s argument but ultimately affirmed the defendant’s original guilty verdict.
Facts of the Case
According to the opinion, the defendant in this case was a New York resident who went shopping at a Century 21 department store. While there, the defendant used a forged gift card to try and make purchases. Apparently, the gift card had been manufactured so that a third party would be billed for the transaction, allowing the defendant to buy items without having to pay any money. When the defendant was caught using the forged card, he told the department store’s security guards that he purchased the card from a stranger for $20, even though he had been attempting to purchase $70 worth of clothing at the time.
On appeal, the defendant argued that incriminating evidence of his attempted theft should have been suppressed at trial. The defendant focused on the fact that the evidence used at trial came from the store’s security guards, who were subject to the same rules as state actors, such as police officers or government employees. The Constitution protects an individual from infringement of certain rights from the Government not from private individuals or companies. Therefore, one may only have evidence suppressed if it is illegally seized by government actors and not private actors. Because the store’s guards were considered state actors for the purposes of this case, said the defendant, they were supposed to carefully ensure that they were not intruding on the defendant’s constitutional rights. These rights include the right to privacy as well as the right to not be searched without probable cause.