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United States Ninth Circuit


Patel v. City of Montclair, 13-55632

In an action under 42 U.S.C. section 1983 alleging that police officers violated plaintiff's Fourth Amendment rights when they came onto the public areas of his motel and cited him for code violations observed in plain view, the district court's order dismissing the complaint is affirmed where police officers do not conduct a search within the meaning of the Fourth Amendment merely by entering an area of private, commercial property that is open to the public.

Appellate Information

  • Decided 08/18/2015
  • Published 08/18/2015

Judges

  • Smith

Court

  • United States Ninth Circuit

Counsel

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