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Qualified immunity is a creature of federal Constitutional law; it exists to immunize law enforcement from civil suits alleging that they violated someone's Constitutional rights. The doctrine does not immunize officers against criminal charges, particularly crimes against the laws of the States.

"Privacy" isn't (yet) a Federal civil or constitutional right so I'm not sure that qualified immunity would apply. The intent qualifier in the Peeping Tom law is probably sufficient since the intent is not to violate someone's privacy but to follow up on some sort of reasonable suspicion of criminal activity.

Also if people can see through your window doing ordinary (non-traditionally-"private") activities, there's the "plain view" doctrine -- although that's related to admission of evidence and not a prima facie criminal law violation. Nevertheless a Court is probably going to use similar reasoning when divining intent.



Thanks for clarifying! My knowledge of the law is second-hand. Comments like this help a lot!




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