Officer looking over the top of a bathroom stall

[cleverusername1]

I recently spent some time in jail on a felony possession charge. I'm pretty much set, all I'm required to do is take drug classes and submit to random urinalysis and the charges will be dropped. Since I'm not an addict this won't be a problem.

My friend, however, is facing prison time for allegedly selling some of his prescription pills.


I have two questions.

1.Is it legal for the police to look over the top of a bathroom stall? This is a definite invasion of privacy but I know he heard us talking in the same stall. He had climbed on top the toilet of the stall next to us and looked over to see what we were doing. He did not witness a transaction.

2.I bought the pills somewhere else. Would this hold up in court? They are the same brand and type.

 

[HomeGuru]

I recently spent some time in jail on a felony possession charge. I'm pretty much set, all I'm required to do is take drug classes and submit to random urinalysis and the charges will be dropped. Since I'm not an addict this won't be a problem.

My friend, however, is facing prison time for allegedly selling some of his prescription pills.


I have two questions.

1.Is it legal for the police to look over the top of a bathroom stall? This is a definite invasion of privacy but I know he heard us talking in the same stall. He had climbed on top the toilet of the stall next to us and looked over to see what we were doing. He did not witness a transaction.


**A: no and he could have also looked from the bottom of the stall as well.


######
2.I bought the pills somewhere else. Would this hold up in court? They are the same brand and type.

**A: are you going to testify as to who you bought the pills from and where?

 

[CdwJava]

1.Is it legal for the police to look over the top of a bathroom stall? This is a definite invasion of privacy but I know he heard us talking in the same stall. He had climbed on top the toilet of the stall next to us and looked over to see what we were doing. He did not witness a transaction.

Then what act or evidence did he witness that you would seek to suppress?

Whether he can look over or not will be dependent upon the facts and the situation as he believed it to be at the time. With two people in the same stall, it's very likely he could articulate good cause to look, but it will depend on why.

2.I bought the pills somewhere else. Would this hold up in court? They are the same brand and type.

Sure. Bring in the receipt, and the doctor's prescription - perhaps even the doctor to testify on your behalf that he prescribed them. But ... I'm wagering these weren't your prescription meds.

But, all of this is sorta moot, ain't it? You pled guilty and have been sentenced.

 

[startedone]

cannot look over a stall w/o a warrant or PC

 

[justalayman]

cannot look over a stall w/o a warrant or PC

of course you will cite case law to support your claim, right? I do not believe looking over a stall requires a warrant just as looking into the window of a house does not require a warrant.

If there was some invasion of privacy involved is another issue but in itself, I see no reason for a warrant or PC to peek over a stall wall.

 

[Ladyback1]

cannot look over a stall w/o a warrant or PC

Cops are pretty good at finding PC (probable cause). *shrug* just saying

 

[swalsh411]

Considering no evidence was obtained from the officer looking over the stall wall, the fact that he did that is irrelevant. Having said that, two men in the same stall is probable cause. I cannot think of a single legal reason why two men would enter the same bathroom stall. The only exception to this would be if there was a special needs person who required assistance but clearly this is not the case with you two.

 

[justalayman]

I cannot think of a single legal reason why two men would enter the same bathroom stall.

irrelevant. It is not that you cannot think of another reason but whether you have reason to believe there is criminal activity within the stall. Our laws are not based on what you cannot think of but what you observe and can reasonably conclude.

Considering no evidence was obtained from the officer looking over the stall wall, the fact that he did that is irrelevant. Having said that, two men in the same stall is probable cause. The only exception to this would be if there was a special needs person who required assistance but clearly this is not the case with you two.

How was it clear prior to the officer playing peek-a-boo?

I think the cop would be hard pressed arguing PC unless he overheard something that would suggest there was illegal activity inside. The fact there are two people in a stall in itself does not suggest criminal activity because in itself, it is not illegal to have two people in a stall. As such, unless there was additional evidence to support a crime, cop had no PC. At best, he had reasonable suspicion but without more info, even that is only a guess.

 

[startedone]

of course you will cite case law to support your claim, right? I do not believe looking over a stall requires a warrant just as looking into the window of a house does not require a warrant.

If there was some invasion of privacy involved is another issue but in itself, I see no reason for a warrant or PC to peek over a stall wall.

You need to read my sig.

Looking into a window of your house? That's fine FROM THE STREET -- if you think a cop can walk onto your property and peek into you windows then you are making a poor analogy. A guy peek into my windows in arms length of the window is going to have issues with an angry armed homeowner no matter who he is from the gov't.

I am right, you are wrong.

 

[swalsh411]

irrelevant. It is not that you cannot think of another reason but whether you have reason to believe there is criminal activity within the stall. Our laws are not based on what you cannot think of but what you observe and can reasonably conclude.

So you are saying that observing suspicious activity cannot be the basis of probable cause?

 

[startedone]

Cops are pretty good at finding PC (probable cause). *shrug* just saying

You are right on that .. but peeking over a stall? Hope a female judge doesn't hear this one...

 

[HighwayMan]

but peeking over a stall? Hope a female judge doesn't hear this one...

And just what does the gender of the judge have to do with anything?


And your .sig is a weak cop-out. You are just trying to avoid putting your money where your mouth is.

 

[HighwayMan]

1.Is it legal for the police to look over the top of a bathroom stall?

And where was this bathroom stall? Restaurant? Train station?

And what was the police officer doing in the bathroom?

 

[Mass_Shyster]

- Google Scholar

 

[tranquility]

I love beyond all words Stevef pulled up a case on point. Well played. All I can add (Based on the precedent value of the case.) is:

U.S. law only.