Constitution

Module 2, Discussion Board 2
A woman is in a public bathroom at Penn Station in
Manhattan. She notices four feet in a
stall. She exits the bathroom and sees a
female police officer. She tells the
officer about the 4 feet in the bathroom stall.
The officer enters the bathroom and looks through the quarter inch
opening in the stall and can see two people in the stall with one sitting on
the top of the toilet with feet on the actual toilet seat. The officer decides to enter the adjacent
stall and look over the wall. The
officer then sees the drugs. The officer
proceeds to arrest the two individuals.

Do people in a public bathroom stall have an
expectation of privacy? Did this search
violate the individuals’ 4th amendment rights?
Apply the tests and compare the case to cases we have read. If you were a U.S. Supreme Court Judge how
would you decide?

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