Elmer Davis AKA Robert Brown v. Leroy Eide, Detective-Police Office

Appellant Elmer Davis brought this action under 42 U.S.C. § 1983 against-two Los Angeles City policemen to recover damages for alleged violations of his civil rights that occurred when the officers entered an hotel room in which he was present, seized some stolen bolts of cloth, and then arrested him. The arrest, search and seizure led to appellant’s criminal conviction in the Superi- or Court of California for receiving stolen goods. The conviction was reversed by the State Court of Appeal. Thereafter the charge was dropped. Appellant then instituted this Civil Rights damage action in federal court.

Appellant contends that the District Court erred in refusing to instruct the jury on the permissible scope of a search. We do not agree. Undisputed evidence established that the seized material was in plain sight once the officers had entered the room. Since “objects falling in the plain view of an officer who has the right to be in the position to have that view are subject to seizure [without a warrant] and may be introduced into evidence,” Harris v. United States, 390 U.S. 234, 236 , 88 S.Ct. 992, 993 , 19 L.Ed.2d 1067 (1968), there was no “search” within the meaning of the Fourth…