sfgate; "Helena, Mont- Even if you're puking, the potty is private, the Montana Supreme Court has ruled. The high court says a police officer went too far when he walked in on a young woman while she was vomiting into the toilet during a loud house party. The 6-1 decision Tuesday said the unconstitutional intrusion into the privy means evidence that Ms. Smith had been drinking illegally, she was only 18 at the time, could not be used to prosecute her. Merely hearing someone vomiting behind a closed door was not sufficient reason for Dillon Police Officer to open the door, the court said. The case arose from a complaint about a loud party at a Dillon apartment in. A party guest allowed officers to enter the apartment. When the Police-officer heard someone vomiting in the bathroom, he opened the bathroom door without knocking or asking permission and found Smith vomiting in the toilet. She was convicted of underage drinking and given a deferred sentence. On appeal, she argued the search of the bathroom was unconstitutional and evidence obtained by the officer could not be used against her. The Supreme Court agreed. Since the apartment owner never objected to the officers' presence, no one at the party could have expected privacy in the "common areas" of the apartment, the court said. But the same is not true for the bathroom, it said."
Hey this young Lady is smart!! Wonder if she ever considered going into Criminal Law? Heck with that, I bet after this case she could charge all her Collage buddies to just go to court for them and probley win too. From the looks of what she did to her own case...You go Girl!!
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