CAL in the Courts

Appellate Division Rules That Expectation of Privacy Extends to Public Restrooms

5.10.2018

On May 10, 2018, the Appellate Division, First Department held that our client T.V. had a reasonable expectation of privacy in a public single-use restroom, such that police officers needed probable cause to justify their entry into the restroom. The suppression court had ruled both that no expectation of privacy existed because T.V. had left the door unlocked, and that the officers could enter the restroom without probable cause. The First Department rejected this conclusion, explaining that the unlocked door did not forfeit the expectation of privacy that T.V. created by shutting the restroom door. Since the lower court did not reach probable cause in denying suppression, the First Department held the appeal in abeyance and remitted the case to the lower court for a determination on that issue. T.V. was represented by Jacqueline Meese-Martinez.