Albert T. Ehlers v. Devon Bogue, R. H. Hitchcock, Bruce T. Wood, Thomas E. Bennett and Tom Woolsey
626 F.2d 1314 · Court of Appeals for the Fifth Circuit · 1980
Facts
County health inspectors conducted warrantless, non-consensual visual inspections of the exterior of an apartment building and a refuse dumpster owned by the plaintiff, who does not reside there, to check for rat control violations. After reinspection showed uncorrected conditions, plaintiff was charged with violations and sued under 42 U.S.C.A. § 1983, alleging Fourth and Fourteenth Amendment violations. The district court granted summary judgment for the defendants.
Issue
Did county health inspectors violate plaintiff’s constitutional rights under the Fourth and Fourteenth Amendments by conducting warrantless, non-consensual visual inspections of the outside of his apartment building and premises, which were visible to the general public?
Holding
The court affirmed the district court's summary judgment, holding that the inspection was valid under the "open fields" doctrine and did not violate the plaintiff's Fourth Amendment rights. The inspectors did not enter the building and only observed areas accessible and visible to the general public.
Rule
The "open fields" doctrine dictates that there is no Fourth Amendment protection against observation by a public official of what is observable by the general public, even if on private property, as long as the official does not stray into areas from which the public is excluded.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.