Mahesh Patel v. City of Montclair

Police officers do not conduct a search within the meaning of the Fourth Arrfendment merely by entering an area of private, commercial property that is open to the public. Therefore, we affirm the district court’s order dismissing Mahesh Patel’s complaint alleging that City of Montclair police officers violated his Fourth Amendment rights.

BACKGROUND

Mahesh Patel owned the corporation, Hospitality Franchise Service, Inc. (“HSF)” and the Galleria Motel, in Montclair, California. As its business, the Galleria Motel primarily rented rooms on an extended basis to middle-aged and elderly low-income residents receiving public assistance. These residents often could not find or afford other low-income housing.

Police officers for the City of Montclair came onto the public areas of the Galleria Motel and cited Patel for code violations observable in plain view. Pursuant to 42 U.S.C. § 1983 , Patel filed a lawsuit on behalf of himself and HFS against the City of Montclair and its police officers in 2011. The only allegation in the complaint (relevant to this appeal) was Patel’s claim that the officers violated the Fourth Amendment. Defendants filed a motion to dismiss for…