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Bert Is Having Dinner with His Associates in a Private

Question 31

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Bert is having dinner with his associates in a private room at a local steakhouse.The room has doors that close it off to the general public.Bert had asked that once dinner was served that the doors be closed and that the wait staff not enter the room until summoned by Bert.These instructions are followed just as Bert requested and once dinner is served and the staff has left,Bert and his associates begin to discuss their human trafficking business.In the middle of the conversation,another patron,Karen,mistakenly opens the door looking for a group she is joining for dinner.Karen hastily withdraws,but as she did she heard one of Bert's associates how much they can expect to profit from the sale of each child.Karen is shocked and calls the police.The subsequent investigation yields sufficient evidence to arrest and charge Bert and his associates.Prior to trial,Bert's attorney challenges the use of Karen's statement at trial claiming that Bert had a reasonable expectation of privacy which was violated when Karen opened the door and overheard the conversation.The judge will find in favor of Bert as Karen's action and subsequent statements violate Bert's Fourth Amendment rights.

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