Stavrianoudakis

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA

PETER STAVRIANOUDAKIS, ET AL., Case No. 1:18-cv-01505 JLT BAM

Plaintiffs, ORDER DEFERRING DECISION ON

THE DEFENDANTS’ MOTION TO

13 v. STAY 14 U.S. DEPARTMENT OF FISH & (Doc. 138)

WILDLIFE, et al.

Defendants.

INTRODUCTION

The remaining claim in this case on remand challenges state regulations that require applicants

for falconry licenses to consent in writing to the unannounced, warrantless inspection of their property

and records. As the Ninth Circuit explained, because the California Department of Fish and Wildlife

(CDFW) conditions falconry licenses on applicants’ annual written certification that they “understand,

and agree to abide by, all conditions of this license,” which includes consent to unannounced, warrantless inspections, being required to consent to those inspections “amounts to the relinquishment of Fourth Amendment Rights” sufficient to allege injury in fact for standing purposes.…