Costello

Daugherty v. Costello

Good Law
24 F. App'x 684
United States Court of Appeals for the Ninth CircuitNovember 21, 2001No. 00-16184; D.C. No. CY-98-01980-WBSCalifornia574 words

Opinion

Lead Opinion

MEMORANDUM **

Deborah Lorraine Daugherty appeals the district court’s grant of summary judgment in favor of Butte County animal control officers, the Northwest Society for the Prevention of Cruelty to Animals, and other parties, in this 42 U.S.C. § 1983 action arising from the seizure of Daugherty’s 110 poodles pursuant to California Penal Code § 597.1. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

Daugherty argues that Appellees violated her Fourth Amendment rights, asserting that they unlawfully entered the Swedes Flat Property, where her dogs were found, and searched for the poodles on the property, in the mobile home, and in the barn. We disagree. Appellees were properly on the property pursuant to the open fields doctrine, which stands for the proposition that the Fourth Amendment does not extend to areas, like the grounds at issue here, that are usually accessible to the public. Oliver v. United States, 466 U.S. 170, 177-79 , 104 S.Ct. 1735 , 80 L.Ed.2d 214 (1984) (noting that even putting up a fence or a no trespassing sign does not create a legitimate expectation of privacy in open fields); cf. United States v. Dunn, 480 U.S. 294, 301 , 107 S.Ct.…

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