Sears Bathroom Sex-Sting Questioned After Judge Rules In Favor Of Privacy

Two people arrested in a bathroom sex-sting in Volusia County could find out if evidence in their cases will be thrown out Friday.

MUG SHOTS: 9 Suspects Arrested In Mall Sex StingPRESS CONFERENCE:Police Chief Discusses Details Of Sex Sting

A former city councilman and a high school teacher were two of nine men arrested in a Sears bathroom for lewd conduct last November. Thursday Kenneth Halpin, who was also arrested, got a judge to throw out everything the cops saw him do inside the stall.

Daytona's police chief says the ruling is a slap in the face.

"We can hang a sign up on I-95 that says welcome to every degenerate, every scumbag, every pervert because our bathrooms are open for you to come in and do what you want to do," said Police Chief Mike Chitwood.

The judge cited an appeals court ruling that behind a closed bathroom door, people have an expectation of privacy.

Previous Stories: April 23, 2008: Man Says He Wasn't In Bathroom For Sex, He Was Playing Game On PDA March 31, 2008: Men Fight Charges After Being Nabbed In Bathroom Sex Sting December 12, 2007: Sears Bathroom Sex Sting Suspect Wants Police Chief To Stay Quiet November 2, 2007: Teacher Among 9 Men Arrested In Mall Bathroom Sex Sting