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January 14, 2005 | Volume 11, Number 2 The Scout ReportIn The News
8th Circuit Court of Appeals panel rules on right to privacy in bathroom
Right to Privacy in Restroom Not Absolute
The Fourth Amendment, which grew directly out of the experiences of the American colonists during the 18th century, guarantees the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure…” A number of prominent cases involving transgressions of this amendment have arisen over the past few years, including those dealing with the rights of maintaining the privacy of public library records. This past week, an interesting case involving the Fourth Amendment appeared on the docket of the 8th U.S. Circuit Court of Appeals. In this particular case, the Appeals panel rejected the claim of one Lonnie Maurice Hill, who claimed that a police search which found him partly unclothed with a woman, cocaine, and marijuana in the one-person restroom of a convenience store was a violation of his privacy. In the ruling, Judge Donald Lay noted that, “The Fourth Amendment protects people and not places”, and went on to say that the expectation of privacy in businesses “is different from, and indeed less than, a similar expectation in an individual’s home.” |
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