Ahh, proof again that the exception proves the rule. Yes, you found a loophole. Just like I could invent a scenario in which you could be arrested for driving the speed limit.
Anyone remember that kind of thing happening just after they opened up the baseball stadium in Toronto that has the hotel attached?
Well if you want to consider it a contrived loophole, let's imagine the following scenario:
The police receive a call about a man wandering around with a gun threatening people. They arrive on the scene and a "witness" points them to an apartment with an open door and screams "He went in there! Hurry, he's gonna kill somebody!" The police cautiously enter the open door and announce themselves "Police! Drop all weapons!" They see a person talking on the phone who calmly points toward a closed door to a room in the apartment. They approach the door and announce themselves again "Police. Open the door and come out with your hands up." The repeat the announcement several times. After repeated warnings they open the door and find two people, ignoring them, engaged in one of the following activities:
1. openly using several illegal drugs.
2. molesting a small child.
3. openly and obviously running an illegal gambling operation.
4. making illegal copies of pirated movies/music.
5. illegally performing a medical procedure without a medical license.
6. making a porno movie featuring a disgusting encounter between a dwarf and several farm animals.
or create your own inventive scenario.
Oh, or 7. engaged in sodomy, which at the moment is a violation of state law.
In any case, to challenge the arrest and subsequent "no contest" plea or conviction on the basis of "invasion of privacy" is ludicrous, especially if there is any indication that the calls to the police and the subsequent directions of the police by "witnesses" along with the criminal activity in question were all staged for the purpose of challenging the validity of the law being violated.
Given these details of the scenario described above, the violators, along with the parties making the call to the police and directing the police to the room where the illegal activity took place are ALL culpable of conspiracy to commit the crime, as well as other possible conspiracy or obstruction of justice charges.