California, United States of America
The following excerpt is from People v. Diaz, F066114 (Cal. App. 2014):
8. We reject appellant's contention that the entire encounter was an unreasonable detention because appellant was in his place of work and had a job to perform. We note that appellant himself left the kiosk twice to go to his car. We also find People v. Shields (1988) 205 Cal.App.3d 1065, 1068-1074, relied upon by appellant, to be inapposite to the facts of this case. In Shields, an employer invited officers into his private business. The officers detained the defendant and searched his work area without a warrant or reasonable suspicion that the defendant had committed any crime. Here, the kiosk was in a parking lot open to the public and appellant's activities were being monitored from other public areas. The expectation of privacy in this case is diminished compared to the workplace described in Shields.
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