People v. Diaz, 101 A.D.2d 875 (N.Y. App. Div. 1984)
An individual has a reasonable expectation of privacy in a public restroom stall, but that expectation can be overcome by probable cause to believe criminal activity is occurring.
Summary
This case addresses the extent of an individual’s Fourth Amendment rights within a public restroom stall. The Court of Appeals held that while a person generally has a reasonable expectation of privacy inside a closed toilet stall, this expectation is not absolute. When a police officer has a reasonable suspicion, based on specific and articulable facts, that criminal activity is taking place within the stall, a limited intrusion to investigate is permissible. The court found that the officer’s observations and inferences, based on the totality of the circumstances, provided the requisite probable cause to justify his actions. The defendant’s conviction for criminal possession of a controlled substance was therefore upheld.
Facts
On March 4, 1981, a Port Authority Police Officer, William Gray, received a tip about two men in a toilet stall at Kennedy Airport. Upon investigation, the officer heard two low male voices and, unable to see clearly through the gaps in the stall door, he climbed into the adjoining stall and observed the defendant and another man with an open envelope containing white powder. The defendant then dropped the envelope into the toilet. A subsequent search revealed 19 bags of heroin on the defendant.
Procedural History
The defendant was indicted for criminal possession of a controlled substance in the fourth degree. His motion to suppress the evidence was denied. He pleaded guilty to the crime and was sentenced to five years’ probation. The Appellate Division affirmed the conviction.
Issue(s)
Whether the police officer’s actions in looking into the toilet stall constituted an unreasonable search in violation of the defendant’s Fourth Amendment rights?
Holding
No, because based on the articulated, objective facts before Officer Gray, and the reasonable inferences to be drawn therefrom, it was “more probable than not” that criminal activity was taking place inside that stall.
Court’s Reasoning
The court began by acknowledging the Fourth Amendment’s protection against unreasonable government intrusions into legitimate expectations of privacy, citing United States v. Chadwick, 433 US 1, 7. It emphasized that this protection extends to places where an individual has a reasonable expectation of privacy, such as a public telephone booth or a closed toilet stall. The court reasoned that a toilet stall exists precisely to ensure privacy and shield its occupant from public view.
However, the court also noted that the Fourth Amendment only protects against unreasonable intrusions. Suspicion of criminal conduct alone is insufficient to negate one’s privacy interest, but particular circumstances may justify an intrusion. The court distinguished this case from situations where a general warrant or indiscriminate search is conducted.
In this specific instance, the officer was working in airport security and investigating a tip. The officer, based on his experience and senses, reasonably concluded that two men were using a single toilet stall in a manner inconsistent with its intended purpose. The absence of any indication of a disability or illness further supported his suspicion. The Court reasoned that Officer Gray had a reasonable basis for suspecting a drug crime or a sex crime was in progress. The court noted, “His suspicions heightened by what he saw and heard from afar, the officer was not compelled to turn heel and leave the rest room, but could properly look through the spaces at the sides of the door in an effort to learn what was going on inside. When those observations served only to enhance his suspicion of illicit activity, he properly entered the adjoining stall and looked over the partition.”
The court explicitly rejected the argument that probable cause requires proof to a mathematical certainty or beyond a reasonable doubt. Instead, it adopted a “more probable than not” standard, citing People v. Carrasquilla, 54 NY2d 248, 254. The Court found that the officer’s articulated, objective facts and reasonable inferences met this standard, justifying his intrusion.