Privacy
Hypothetical:
A couple are in a public restroom in a club; they are looking for some "alone" time. But people here them and tell security. An off-duty cop, working as security, comes into the bathroom and push on the door to the stall (which is not locked) and sees the couple committing the offense of Public Lewdness. He arrests them.
Does that couple have an expectation of privacy in that bathroom stall?
[There is actual case law mostly on point with this so it is not much of a hypothetical but the next one is.]
Hypothetical 2:
An Alcohol Enforcement Officer is inspecting a club. As a regular part of his duties he checks the bathrooms. He sees a door in the bathroom which appears to be a storage room -- knowing that clubs often store illicit alcohol in such store rooms he push on the door, which is unlocked, and find a bathroom stall behind the door where a guy is doing cocaine. The officer arrests the individual.
Did that guy have an expectation of privacy to do drugs in that bathroom stall?
A couple are in a public restroom in a club; they are looking for some "alone" time. But people here them and tell security. An off-duty cop, working as security, comes into the bathroom and push on the door to the stall (which is not locked) and sees the couple committing the offense of Public Lewdness. He arrests them.
Does that couple have an expectation of privacy in that bathroom stall?
[There is actual case law mostly on point with this so it is not much of a hypothetical but the next one is.]
Hypothetical 2:
An Alcohol Enforcement Officer is inspecting a club. As a regular part of his duties he checks the bathrooms. He sees a door in the bathroom which appears to be a storage room -- knowing that clubs often store illicit alcohol in such store rooms he push on the door, which is unlocked, and find a bathroom stall behind the door where a guy is doing cocaine. The officer arrests the individual.
Did that guy have an expectation of privacy to do drugs in that bathroom stall?