United States v. Scott, 2025 WL 2505759 (7th Cir. 2025)
What’s the best way to not to have an expectation of privacy in a public restroom? Step one: Act suspiciously. Step 2: Get caught reaching for a gun in an unlocked bathroom stall.
In the Chicago area, police officers visited a gas station mini-mart to obtain surveillance footage associated with a robbery that occurred earlier in the day. As the officers walked up to entrance, they saw LaPierre Scott glance toward them and then head inside. Scott walked to the single-occupancy restrooms, bypassed the first and entered the second, which had an “Out of Order” sign on the door. Scott did not lock the restroom after entering.
Curious, the officers followed Scott and found him standing on the handicap grab bars beside the toilet, reaching up through a dislodged tile in the ceiling.
After an officer reached into the ceiling and found a gun, they arrested Scott. In a search incident to arrest, the officers found cash and illegal drugs (including ecstasy, methamphetamine, and marijuana). Scott asked the trial court to suppress the evidence. The prosecutor acknowledged the officers lacked probable cause or reasonable suspicion to believe Scott had committed a crime at the time they entered the restroom.
For Fourth Amendment purposes, a “search” is any government activity that intrudes on a legitimate expectation of privacy. Thus, the question is whether Scott had any expectation of privacy for an item hidden in the ceiling of a broken public restroom.
To answer this question, the court considered “(1) whether the defendant had a possessory or ownership interest in the thing seized or the place searched, (2) whether he had the right to exclude others from that place, (3) whether he exhibited a subjective expectation that it would remain free from governmental invasion, (4) whether he took normal precautions to maintain his privacy, and (5) whether he was legitimately on the premises.”
Surprise: The court of appeals held that Scott did not have a subjective or objectively reasonable expectation of privacy in the unlocked, out-of-order restroom, so the officers’ entry did not constitute a search under the Fourth Amendment. Enough said.
- Lexipol News
Gordon Graham Goes ‘Beyond the Stop’ in CHP Documentary Spotlight
Gordon Graham Goes ‘Beyond the Stop’ in CHP Documentary Spotlight
Lexipol is proud to announce that co-founder Gordon Graham, alongside fellow California Highway Patrol veteran Bruce Wiedmer, is featured in the inspiring short documentary “Beyond the Stop: The CHP New Zealand Story.” This powerful film showcases their dedication to public safety and the profound impact of thoughtful and compassionate law enforcement practices.
“Beyond the Stop” explores the philosophy of looking beyond routine traffic stops to uncover opportunities for deeper connections, impactful interventions and meaningful service. Gordon and Bruce share personal stories that highlight the importance of leadership, creativity and empathy in law enforcement, including how a chance encounter led Gordon and Bruce to organize an event for children living with cancer who were visiting Los Angeles from New Zealand. That event led to seven CHP motor officers touring New Zealand to raise money for the children.
Gordon and Bruce’s reflections demonstrate how thoughtful actions can drive transformative outcomes, highlighting the critical role proactive policing plays in fostering lasting, positive change.
Gordon also stresses an important lesson for public safety supervisors: “When someone comes up to a boss and says, ‘I have an idea…,’ don’t immediately say no. Instead, think it through. This trip never would have happened had my sergeant said no – that would have been the end of it. But he said, ‘check with the captain’ and it grew from there.” Supervisors, Gordon stresses, play a critical role in encouraging frontline personnel to think beyond the immediate call – which in turn drives performance excellence. “If you shut them down without listening, that is the last time they will ever try to benefit the agency,” he says.
Watch the documentary to see their inspiring journey and the lasting impact of their commitment to public safety.
