In what circumstances will a police officer be permitted to carry out a general search of a public toilet?

California, United States of America


The following excerpt is from Parrish v. Civil Service Commission of Alameda County, 425 P.2d 223, 57 Cal.Rptr. 623, 66 Cal.2d 260 (Cal. 1967):

In Bielicki v. Superior Court of Los Angeles County (1962) 57 Cal.2d 602, 609, 21 Cal.Rptr. 552, 371 P.2d 288, we condemned a 'general exploratory search' of public restrooms, noting that the '(a)uthority of police officers to spy on occupants of toilet booths * * * will not be sustained on the theory that if they watch enough people long enough some Malum prohibitum acts will eventually be discovered.' Yet such general exploratory searches pale beside a raid expressly directed into the homes of persons known to be under no suspicion.

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