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Hastings Constitutional Law Quarterly

Abstract

Everyone has occasion to use public restrooms at one time or another, and the recognition is commonplace that what activities take place are very personal. Nevertheless, there is a long history in this country of police surveillance of these areas. This Note discusses the expectation of privacy that should be accorded users of public restrooms in the context of police surveillance of those using public restrooms for sexual purposes. Of particular interest, Mr. O'Callaghan breaks down his analysis of the expectation of privacy in public restrooms into three areas: the common area, doorless stalls, and closed-door stalls.

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