Tresspassing, negated by permission of janitor The janitor acted outside his authority. Approved after-hours access is defined in school policies.
Public Plain View, Items were on display in public in a classroom for viewing.
The door to the classroom was locked.
Plain View, if there is a window to plainly see the items.
At 0130, the room would have been dark. And the officer did not look through the window in any case.
Public debate: this was in fact school board related
So are lots of things. But it doesn't justify trespass and abuse of authority.
Standing: whether as a citizen or an officer
No person -- citizen or officer -- has the right to trespass.
The janitor acted outside his authority. Approved after-hours access is defined in school policies.
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That is between the janitor and the employeer. The invitee is able to rely on the person being allowed in, AND this is enough to shoot down any tresspass charge.
Get over the tresspass IT WILL NOT STICK. Guilty Mind Guilty act. He was let in by permission, you must show he was going to come in no matter what. He knocked, he talked, the tresspass argument fails. Early in my life I have represented defendants on far more serious tresspass charges and won. The beyond a reasonable doubt burden of proof is on the government to prove.