Barajas

Barajas v. City of Rohnert Park

Good Law
159 F. Supp. 3d 1016·2016 WL 454068·2016 U.S. Dist. LEXIS 14493
United States District Court, Northern District of CaliforniaFebruary 5, 2016Case No. 14-cv-05157-MEJCalifornia15,168 words

Opinion

Lead Opinion

Mariajames, J.

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 26,

INTRODUCTION

This case considers the Fourth Amendment privacy rights of co-inhabitants of probationers. Pending before the Court are the parties’ cross motions for summary judgment. Defs.’ Mot., Dkt. No. 26; Pis.’ Mot., Dkt. No. 33. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion and DENIES Plaintiffs’ Motion as set forth below.

BACKGROUND

A. Factual Background

Plaintiffs Elva Barajas and Raul Barajas (“Plaintiffs”) are the mother and step-father of Edgar Horacio Perez. Defs.’ Summ. of Undisputed Facts (“Defs.’ SUF”) ¶ 1, Dkt. No. 40. 2 Plaintiffs lived with Perez, their adult daughter, and another son in Rohnert Park, California in November 2014. Mf 3. At that time, Perez was on three separate grants of probation, *1019 and each probation grant had the following search condition: “submit to warrantless search/seizure of residence any time day or reasonable hr. night by any Prob/Law Enforc. Off.” Pis.’ Summ. of Undisputed Facts (“Pis.’ SUF”) ¶ 10, Dkt. No. 54 3 ; Defs.’ SUF ¶ 4. Perez was on…

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