Check this out. In Patel v. City of Los Angeles, No. 08-56567 (Dec. 24, 2013), the en banc Ninth Circuit concluded that a city ordinance which requires hotel owners to open guest records for inspection to the LAPD without a warrant constitutes a "search," and that doing so is a facial violation of the Fourth Amendment. As summarized by the court:Plaintiffs, who are motel owners in Los Angeles, challenged the provision of § 41.49 authorizing warrantless, on-site inspections of hotel guest records by any police officer. The en banc court held that a police officer’s nonconsensual inspection of hotel guest records under § 41.49 constituted a Fourth Amendment “search.” The en banc court also held that even under the more lenient Fourth Amendment principles governing administrative record inspections, § 41.49 was facially invalid. The en banc court concluded that in order for the city to comply with the Fourth Amendment, it must afford hotel operators an opportunity to challenge the reasonableness of the police officer’s inspection demand in court before penalties for non-compliance were imposed.Worth reading for anyone interested in privacy and property rights. Here's the petition.
Patel v. City of Los Angeles, No. 08-56567 (9th Cir. Dec. 24, 2013)
