Question

In this pair of cases, the first may serve as precedent for the second. Decide whether the second case is so relevantly similar to the first that it should be decided identically. Explain your decision.
First case: The owner of an amusement park, believing that homosexual activity was taking place in its pay toilets, authorized police to use an observation pipe leading from the roof to the booths. Officer H regularly visited the roof for surveillance. If he observed illegal conduct, he would notify officers below, who would make the arrest. A court ruled that the evidence of Officer H was illegally obtained and set aside the information.
Second case: A motel manager complained to police that his motel was being used for the sale of narcotics. Officers conducting surveillance from an unmarked vehicle observed suspicious activity and, approaching and looking through an unshaded window, witnessed drug use and made arrests.

Answer

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