{"id":8441,"date":"2013-12-10T07:20:06","date_gmt":"2013-03-02T10:16:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-02T10:16:12","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8441","title":{"rendered":"ID finds no reasonable expectation of privacy in a public restroom with locked door"},"content":{"rendered":"<p>Defendant was seen driving, and the officer knew her license was suspended. She was seen going into a convenience store. She didn\u2019t come right out, so the officer went in, and she was in the bathroom. He knocked, but she stalled. The officer got the key and entered the bathroom and searched her coat finding drug paraphernalia. The entry was valid because it was a commercial establishment. Also, the store clerk consented[! Apparently no reasonable expectation of privacy in a public restroom with a locked door]. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/dycus39608.pdf\">State v. Dycus<\/a>, 154 Idaho 456, 299 P.3d 263 (App. 2013).*<\/p>\n<p>Plaintiff\u2019s illegal entry and excessive force claim fails. Police were called to a domestic violence situation, and his wife gave police the key to go in. He had a chain on the door which they broke to get in. He was inside with a kitchen knife to his neck saying he wasn\u2019t going back to jail, so they Tasered him. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201213289.pdf\">Brown v. Calicchio<\/a>, 510 Fed. Appx. 822 (11th Cir. 2013).*<\/p>\n<p>On the totality, \u201cCan you call my attorney?,\u201d was an unambiguous invocation of his right to counsel where defendant was handcuffed to a hospital gurney and wanted to think about whether to talk to the police after being Mirandized. <a href=\"http:\/\/www.ca7.uscourts.gov\/fdocs\/docs.fwx?submit=showbr&amp;shofile=12-1751_002.pdf\">United States v. Hunter<\/a>, 708 F.3d 938 (7th Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8441\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8441","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8441","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8441"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8441\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8441"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8441"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8441"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}