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PATEL v. CITY OF MONTCLAIR

No. 13-55632.

798 F.3d 895 (2015)

Mahesh PATEL; Hospitality Franchise Service, Inc., DBA Galleria Motel, Plaintiffs-Appellants, v. CITY OF MONTCLAIR, a municipal corporation; G. Fondario, Badge No. F943, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2015.

Attorney(s) appearing for the Case

Frank A. Weiser , Los Angeles, CA, for Plaintiffs-Appellants.

William Litvak and Gilbert Mikalian , Dapeer Rosenblit & Litvak LLP, Los Angeles, CA, for Defendants-Appellees.

Before: MILAN D. SMITH, JR. and N. RANDY SMITH, Circuit Judges and ROYCE C. LAMBERTH, Senior District Judge.

OPINION

Police officers do not conduct a search within the meaning of the Fourth Amendment merely by entering an area of private, commercial property that is open to the public. Therefore, we affirm the district court's order dismissing Mahesh Patel's complaint alleging that City of Montclair police officers...

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