C.D.Cal.: That building inspector’s entry was governed by 4A is clearly established

A municipal building inspector’s entry into plaintiff’s building is governed by the Fourth Amendment and the law is well established. “Red-Tagging” the property for defects facially states a claim for relief and the motion to dismiss is denied. VNT Prop. 1 v. City of Buena Park, 2015 U.S. Dist. LEXIS 186828 (C.D. Cal. Aug. 11, 2015), later opinion 2015 U.S. Dist. LEXIS 186840 (C.D. Cal. Nov. 9, 2015) (First and Fourteenth Amendment claims denied).

“Agent Rubalcava’s observations warranted further investigation, even though each of the factors on its own may be consistent with innocent behavior. There was reasonable suspicion for a brief investigatory stop of the Tahoe” near the border. Even though each circumstance on its own was explainable, the totality indicated reasonable suspicion. United States v. Morris, 2016 U.S. Dist. LEXIS 184733 (D. Ariz. Dec. 23, 2016).*

This entry was posted in § 1983 / Bivens, Qualified immunity. Bookmark the permalink.

Comments are closed.