Nature of the Case
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Facts
Gonzales (D) was observed in the men's department of a store with a bulge under his overcoat. A security guard, who had arrested D twice before, followed him as he left the store and went to a barber shop. The guard returned to the store and discovered that a leather coat was missing. The guard returned to the barber shop, confronted D, and demanded the return of the stolen coat. Gonzales (D) produced the coat, tried to flee, and was grabbed by the security guard. D then pulled a knife and fled. D was convicted of assault with a deadly weapon and possession of stolen property. D appealed; the guard's arrest was unlawful making his resistance privileged, and therefore the evidence should have been suppressed.
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