PEOPLE v. SAUNDERS


140 Misc.2d 544 (1988)

The People of the State of New York, Plaintiff, v. Alfred Saunders, Defendant.

Supreme Court, Bronx County.

July 11, 1988


Attorney(s) appearing for the Case

Paul Ascher for defendant. Paul Gentile, District Attorney (Philip Russell of counsel), for plaintiff.


DOMINIC R. MASSARO, J.

The principal issue to be resolved on this reconsideration is whether use of a toilet stall in a public restroom at a prison facility gives rise to a subjective expectation of privacy that society accepts as objectively reasonable. The court holds that it does not, and that governmental intrusion in this limited context is not constitutionally prohibited by the Fourth Amendment Search and Seizure Clause. The reported cases provide...

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