Tuesday, August 18, 2015

Patel v. City of Montclair (9th Cir. - Aug. 18, 2015)

I'm not even sure what plaintiffs (and their counsel) were thinking in this one.

Police officers enter the public areas of the Galleria Motel and cite the owner for code violations that are in plain view.  The owner and the motel sue, claiming that their Fourth Amendment rights were violated when the police entered the motel to search for crimes.

But, to reiterate, the places that the officers went were public areas.  Where everyone was allowed.

That makes this an easy case.  Super easy.  Not even worth bringing, in my view.  You're allowed to search in public places open to the public.

Which the Ninth Circuit concisely holds as well.

Not a surprise.