Obledo

This case raises the question whether the California state statutes and regulations permitting warrantless inspection of family day care homes violate the Fourth Amendment to the United States Constitution. The parties agree that there are no disputes as to material facts. The case is therefore before the court on cross-motions for summary judgment.

FACTUAL BACKGROUND

The pertinent facts are stipulated or uncontroverted. Plaintiffs are: an operator of a licensed family day care home in San Mateo County, California ; and an association of licensed family day care providers in the same county. “A family day care home is generally defined as a private home in which regular care is given to 6 or fewer children, including the caregiver’s own, for any part of a 24-hour day.” Family day care homes are very different from institutional day care centers. They are private residences in which a provider cares for a small number of children, often the children of neighbors or acquaintances. Under California law, operating a family day care home for six or fewer children (plus any resident children) is considered a residential use of property, and the home may not be treated…