OPINION
DOUGLAS, Judge.The conviction was for the theft of a sweater of the value of over $20.00 and under the value of $200.00 as denounced by V.T.C.A., Penal Code, Section 31.03. The trial was before the judge. Punishment was assessed at thirty days in jail and a fine of $50.00, probated for six months.
Appellant contends that there was an illegal search by a security officer and evidence obtained as a result of the search should have been suppressed, and that the evidence is insufficient to show that she took the property without the consent of Foley’s. We overrule these contentions and affirm.
Karen Boysen was a security officer for Foley’s Department Store, but she was not a peace officer. While she was working at the Memorial City store near Spring Branch, she saw Beth Gillett pick up a red velour sweater, look about for a while and take it to a fitting room. The three fitting rooms or stalls had doors in the front and the partitions between them lacked at least one and one-half feet from reaching the floor. A sign was posted on the mirror which read: “Three garments per customer in the fitting room”, and “These fitting rooms are under surveillance by female security.” Another sign in the room read, “We prosecute shoplifting.”
After Gillett entered a fitting room, Boy-sen entered an adjoining room, got down on her hands and knees and looked into the stall occupied by Gillett and saw her try on the sweater, roll it up, place it in her purse and leave the fitting area. Gillett passed twelve cash register locations and through *363several departments of the store without attempting to pay for the sweater. Boysen stopped appellant, took her to the security office, retrieved the sweater and held her until police officers arrived.
Appellant contends that the observation by Boysen in the fitting room was an illegal search under Article 38.23, V.A.C.C.P., which provides:
“No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.”
At the outset, there has been no violation of the Fourth Amendment to the Constitution of the United States which provides:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The exclusionary rule under the Fourth Amendment applies only to governmental action. Burdeau v. McDowell, 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048 (1921). There are many cases so holding. See Annot., Admissibility, in Criminal Case, of Evidence Obtained by Search by Private Individual, 36 A.L.R.3d 553 (1971). In The Fourth Amendment Inapplicable Vs. The Fourth Amendment Satisfied: The Neglected Threshold of “So What”, by Judge Charles E. Moylan, Jr., Southern Illinois University Law Journal, Volume 1977, Number 1, it is written:
“Lest any doubt the continuing vitality of Burdeau v. McDowell, the Supreme Court gave it a clean bill of health in 1971 in Coolidge v. New Hampshire [403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564]:
“ ‘Had Mrs. Coolidge, wholly on her own initiative, sought out her husband’s guns and clothing and then taken them to the police station to be used as evidence against him, there can be no doubt under existing law that the articles would later have been admissible in evidence. Cf. Burdeau v. McDowell. . . .’
“On this particular point, Justice Stewart spoke for a unanimous Supreme Court.”
The State contends that since neither the Federal nor State constitutional provisions, nor the Texas law, were violated, Article 38.23, supra, does not apply.
It is not necessary to pass on that contention in this case because we hold that no right to privacy has been violated.
What people seek to preserve as private, even areas accessible to the public, may be constitutionally protected by the Fourth Amendment. Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Further, areas such as public toilet stalls are private to the extent they are offered to the public for private, although temporary, use. Katz v. United States, supra; Britt v. Superior Court, 58 Cal.2d 469, 24 Cal.Rptr. 849, 374 P.2d 817; State v. Bryant, 287 Minn. 205, 177 N.W.2d 800. Such constitutional protection, however, extends only to the limits that the design, purpose and plan of the public facility affords so that, when the design is such that there is no right to expect absolute privacy, there can be no invasion of privacy. Buchanan v. State, 471 S.W.2d 401 (Tex.Cr.App.1971), cert. denied 405 U.S. 930, 92 S.Ct. 984, 30 L.Ed.2d 804.
In the present case, the posted sign on the mirror which would under nearly all circumstances be looked at by female occupants of a fitting room was notice that one could not expect privacy. This room was for use by the public on conditions established by the business. If appellant did not want to use the fitting room under the posted conditions, she was not compelled to do so. Her testimony that she did not see the sign did not have to be believed by the trial judge. The same is true about her testimony concluding that she expected privacy. See Green v. State, 566 S.W.2d 578 (Tex.Cr.App.1978).
*364In short, Foley’s did not have to furnish her a place so that she could commit theft in private.
In the cases relied upon by appellant where it has been held that a right to privacy exists are not controlling because in those cases the places were public and there was no notice that one would be watched while in a booth or stall.
Appellant also contends that the State did not prove that she took the sweater without the owner’s consent. Irene Ott testified that she was “security” assistant manager at the store and that the sweater belonging to Foley’s was taken out of appellant’s purse. It had four tags on it which meant that it had not been paid for. She related that no one gave appellant permission to take it and she did so without the effective consent of Foley’s. The evidence is sufficient to show lack of effective consent of Foley’s as alleged in the information.
No error is shown. The judgment is affirmed.