LOWRY v. CITY OF SAN DIEGO

No. 13-56141.

858 F.3d 1248 (2017)

Sara LOWRY, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2017.


Attorney(s) appearing for the Case

Nathan A. Shaman (argued) and Jeffrey A. Lake , Jeffrey A. Lake A.P.C., San Diego, California, for Plaintiff-Appellant.

Stacy J. Plotkin-Wolff (argued), Deputy City Attorney; Daniel F. Bamberg , Assistant City Attorney; Jan I. Goldsmith , City Attorney; Office of the City Attorney San Diego, California; for Defendant-Appellee.

Denise L. Rocawich (argued) and Martin J. Mayer , Law Offices of Jones & Mayer, Fullerton, California, for Amici Curiae California Police Chiefs' Association, California State Sheriffs' Association, and California Peace Officers' Association.

Donald W. Cook (argued), Los Angeles, California, for Amicus Curiae National Police Accountability Project.

Vincent P. Hurley , Law Offices of Vincent P. Hurley, Aptos, California, for Amicus Curiae League of California Cities.

Nicole M. Threlkel-Hoffman and Steven J. Renick , Manning & Kass Ellrod Ramirez Trester LLP, Los Angeles, California, for Amicus Curiae United States Police Canine Association and International Municipal Lawyers Association.

Dissent by Chief Judge Thomas.


OPINION

When a burglar alarm in a commercial building was triggered shortly before 11:00 p.m. on a Thursday night, San Diego Police Department officers responded. Accompanied by a police service dog, Bak, the officers inspected the building and found a door to a darkened office suite propped open. Unable to see...

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