Kirsch v. State

Appellant claims that his constitutional right to be secure from an unreasonable search and seizure was violated when a police officer, without a search warrant, invaded his privacy while he was in a locked men’s room in a gas station and secured evidence of his guilty control of heroin and narcotic paraphernalia. 1

The evidence at trial showed that on December 7, 1968 at 9:30 p.m., Officer Ronald Arnold went to the gas station in response to a call for assistance from the station attendant. Upon arrival, he met the attendant who told him “there were three males in the restroom, and they had…