Police Do Not Conduct Search under Fourth Amendment by Entering Public Areas of Business

In Patel v. City of Montclair, published August 18, 2015, the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit a hotel owner brought against police officers who came onto the public areas of a hotel and cited the hotel for code violations.   The plaintiff alleged the visit, without a warrant, violated the 4th Amendment The court ruled that under the "open fields" doctrine, officers do not conduct a "search" under the 4th Amendment, requiring a warrant, if the officers merely enter the public areas of a business.