Tarantino

MEMORANDUM *

Richard Tarantino sued the City of Concord (which has since settled), various city employees and two private towing companies and their employees for damages he allegedly suffered from the seizure of three unregistered vehicles and, on another occasion, the search of his residence. We affirm the district court’s grant of summary judgment in favor of the defendants-appellees.

Although “plain view” seizures are “scrupulously subjected to Fourth Amendment inquiry,” Soldal v. Cook County, 506 U.S. 56, 66 , 113 S.Ct. 538 , 121 L.Ed.2d 450 (1992), the Constitution is not offended by the warrantless abatement of a vehicle in accordance with a valid state law from a location where the possessor has no reasonable expectation of privacy. See Schneider v. County of San Diego, 28 F.3d 89, 92 (9th Cir.1994). We agree with the district court that the Fourth Amendment was violated because the Concord Municipal Code did not in fact authorize the seizure of Tarantino’s vehicles. Tarantino fails to “specifically and distinctly” controvert the district court’s conclusion that the inapplicability of the ordinance was not clearly established, however, so we affirm the police officers’…