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Question

Case 10.3
An undercover security officer working for a chain supermarket located in New Jersey watches a suspicious male circling the liquor aisles with an empty shopping kart. The man waits for other patrons to leave the area and places four bottle of vodka inside his jacket. He then moves toward the exit. As he does so, he observes security at the door. He then picks up a bag of potatoes and proceeds to the cashier lanes. He pays for the potatoes and attempts to leave the store and is stopped by security. When security confronts the man about the shoplifting, he begins to cause a scene. The security officer searches the man and recovers the four bottles of vodka. He then has the man empty his pant pockets and observes two bags of what appears to be heroin mixed in with his personal papers. Police arrive on scene and the security officer provides details of his observations and the items recovered in his search of the accused. The security officer advises police that the entire event was captured on their surveillance system. The police arrest the suspect and take possession of the heroin and the four bottles of vodka. The security officer responds to the police station to provide a statement and copy of the surveillance video. The accused is charged with the shoplifting and the possession of the heroin.

At trial, the defense argued that the search was unlawful as it was conducted without a warrant and therefore, the evidence leading to the defendant's arrest should be excluded. Is the defense correct with their assertion regarding the validity of the search and request for the exclusion of the evidence?
a. The defense's claim is correct. The search was unlawful therefore the evidence should be excluded.
b. The defense's claim is not correct. The search was not subject to the exclusionary rule as it was conducted by a private individual.
c. The defense's claim is correct because the store failed to give the man the opportunity to pay for the vodka after having paid for the potatoes.
d. The defense's claim is not correct because the search was conducted in a public place where privacy is not expected.

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