Quote:
Originally Posted by |Zach|
Eh, the ability to do or not do something sexual in nature...or doing or not doing a job doesn't have a bearing.
That nanny would at the time have permission to be in a private residence. Therefore establishing her own privacy. Not being the home owner gives her limits on things she can and can't do but it doesnt necessarily strip her of the ability to be in a position of having an expectation of privacy.
|
She'll have a license to enter the premises.
That license will be for a particular purpose - for cleaning.
If she goes beyond the purpose of the license, she has no expecation.
If, however, she's the lessor of the premises, she has a full expectation of privacy. If she's given a license to both clean and **** on the coffee table (presumably this would need to be an express license as I can't imagine any scenario where one would be implied), she would then have an expectation of privacy as to the ****ing, but not as to making meth in the basement.
This is very very very very VERY simple and folks are coming up with really stupid hypotheticals in an attempt to justify the unjustifiable.
This area of law is so well settled that its comical. This kid has an expectation of privacy and it was clearly invaded.
It's like trying to teach math to a monkey.