- Court: U.S. Supreme Court Certiorari Granted
- Area(s) of Law: Constitutional Law
- Date Filed: October 20, 2014
- Case #: 13-1175
- Judge(s)/Court Below: Court Below: 738 F.3d 1058 (9th Cir. 2013)
- Full Text Opinion
Respondents are motel owners who challenged the provision of Los Angeles Municipal Code §41.49, which authorizes any police officer to perform warrantless on-site inspections of their guest records.
A Ninth Circuit panel affirmed the ruling by the district court, which held that §41.49 is not unconstitutional on its face, but a rehearing en banc held that the municipal code provision to be facially invalid under the Fourth Amendment. The Supreme Court granted certiorari to resolve a split between the Ninth and Sixth Circuits on whether facial challenges to statutes and ordinances are permitted under the Fourth Amendment, and to determine whether a hotel has an expectation of privacy in their guest registry under the Fourth Amendment.