city
los
angeles
california
patel
et
argued
decided
june
city
los
angeles
california
patel
et
al
certiorari
appeals
ninth
circuit
argued
march
decided
june
petitioner
city
los
angeles
city
requires
hotel
operators
record
keep
specific
information
guests
premises
period
los
angeles
municipal
code
records
shall
made
available
officer
los
angeles
police
department
inspection
time
manner
minimizes
interference
operation
business
hotel
operator
failure
make
records
available
criminal
misdemeanor
respondents
group
motel
operators
lodging
association
brought
facial
challenge
fourth
amendment
grounds
district
entered
judgment
city
finding
respondents
lacked
reasonable
expectation
privacy
records
ninth
circuit
subsequently
reversed
determining
inspections
fourth
amendment
searches
searches
unreasonable
fourth
amendment
hotel
owners
subjected
punishment
failure
turn
records
without
first
afforded
opportunity
precompliance
review
held
facial
challenges
fourth
amendment
categorically
barred
especially
disfavored
pp
facial
challenges
statutes
opposed
challenges
particular
applications
statutes
permitted
proceed
diverse
array
constitutional
provisions
see
sorrell
ims
health
first
amendment
district
columbia
heller
second
amendment
fourth
amendment
exception
sibron
new
york
distinguished
entertained
facial
challenges
statutes
authorizing
warrantless
searches
declaring
several
occasions
facially
invalid
see
chandler
miller
pp
petitioner
contends
facial
challenges
statutes
authorizing
warrantless
searches
must
fail
never
unconstitutional
applications
precedents
demonstrate
challenges
brought
succeed
proper
analysis
applications
statute
statute
actually
authorizes
prohibits
conduct
considered
see
planned
parenthood
southeastern
casey
addressing
facial
challenge
statute
authorizing
warrantless
searches
proper
focus
searches
law
actually
authorizes
proceed
irrespective
whether
authorized
statute
exigent
circumstances
warrant
consent
search
exists
pp
section
facially
unconstitutional
fails
provide
hotel
operators
opportunity
precompliance
review
pp
earches
conducted
outside
judicial
process
per
se
unreasonable
fourth
amendment
subject
exceptions
arizona
gant
one
exception
administrative
searches
see
camara
municipal
city
county
san
francisco
constitutional
subject
administrative
search
must
among
things
afforded
opportunity
obtain
precompliance
review
neutral
decisionmaker
see
see
seattle
assuming
administrative
search
exception
otherwise
applies
facially
invalid
fails
afford
hotel
operators
opportunity
precompliance
review
clear
hotel
owner
must
afforded
opportunity
precompliance
review
actual
review
need
occur
hotel
operator
objects
turning
records
opportunity
provided
without
imposing
onerous
burdens
law
enforcement
instance
officers
field
issue
administrative
subpoenas
without
probable
cause
regulation
infringed
narrow
holding
call
question
parts
requiring
hotel
operators
keep
records
prevent
police
obtaining
access
records
hotel
operator
consents
search
officer
proper
administrative
warrant
exception
warrant
requirement
applies
pp
petitioner
argument
ordinance
facially
valid
relaxed
standard
closely
regulated
industries
rejected
see
marshall
barlow
recognized
four
industries
nothing
inherent
operation
hotels
poses
comparable
clear
significant
risk
public
welfare
additionally
majority
regulations
applicable
hotels
apply
many
businesses
classify
hotels
closely
regulated
permit
always
narrow
exception
swallow
rule
even
hotels
closely
regulated
still
contravene
fourth
amendment
fails
satisfy
additional
criteria
must
met
searches
closely
regulated
industries
reasonable
see
new
york
burger
pp
affirmed
sotomayor
delivered
opinion
kennedy
ginsburg
breyer
kagan
joined
scalia
filed
dissenting
opinion
roberts
thomas
joined
alito
filed
dissenting
opinion
thomas
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
city
los
angeles
california
petitioner
naranjibhai
patel
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
sotomayor
delivered
opinion
respondents
brought
fourth
amendment
challenge
provision
los
angeles
municipal
code
compels
operator
hotel
keep
record
containing
specified
information
concerning
guests
make
record
available
officer
los
angeles
police
department
inspection
demand
los
angeles
municipal
code
questions
presented
whether
facial
challenges
statutes
brought
fourth
amendment
whether
provision
los
angeles
municipal
code
facially
invalid
hold
facial
challenges
brought
fourth
amendment
hold
provision
los
angeles
municipal
code
requires
hotel
operators
make
registries
available
police
demand
facially
unconstitutional
penalizes
declining
turn
records
without
affording
opportunity
precompliance
review
los
angeles
municipal
code
lamc
requires
hotel
operators
record
information
guests
including
guest
name
address
number
people
guest
party
make
model
license
plate
number
guest
vehicle
parked
hotel
property
guest
date
time
arrival
scheduled
departure
date
room
number
assigned
guest
rate
charged
amount
collected
room
method
payment
guests
without
reservations
pay
rooms
cash
guests
rent
room
less
hours
must
present
photographic
identification
time
hotel
operators
required
record
number
expiration
date
document
guests
check
using
electronic
kiosk
hotel
records
must
also
contain
guest
credit
card
information
information
maintained
either
electronic
paper
form
must
kept
hotel
premises
guest
reception
guest
area
office
adjacent
thereto
period
days
section
provision
issue
pertinent
part
hotel
guest
records
shall
made
available
officer
los
angeles
police
department
inspection
provided
henever
possible
inspection
shall
conducted
time
manner
minimizes
interference
operation
business
hotel
operator
failure
make
guest
records
available
police
inspection
misdemeanor
punishable
six
months
jail
fine
general
provision
applicable
entire
lamc
respondents
group
motel
operators
along
lodging
association
sued
city
los
angeles
city
petitioner
three
consolidated
cases
challenging
constitutionality
sought
declaratory
injunctive
relief
parties
agree
sole
issue
action
facial
constitutional
challenge
fourth
amendment
app
stipulated
respondents
subjected
mandatory
record
inspections
ordinance
without
consent
warrant
following
bench
trial
district
entered
judgment
favor
city
holding
respondents
facial
challenge
failed
lacked
reasonable
expectation
privacy
records
subject
inspection
divided
panel
ninth
circuit
affirmed
grounds
rehearing
en
banc
however
appeals
reversed
en
banc
first
determined
police
officer
nonconsensual
inspection
hotel
records
fourth
amendment
search
business
records
covered
hotel
private
property
hotel
therefore
right
exclude
others
prying
ir
contents
next
assessed
whether
searches
authorized
reasonable
relying
donovan
lone
steer
see
seattle
held
facially
unconstitutional
authorizes
inspections
hotel
records
without
affording
opportunity
judicial
review
reasonableness
demand
prior
suffering
penalties
refusing
comply
quoting
see
two
dissenting
opinions
filed
first
dissent
argued
facial
relief
rarely
available
fourth
amendment
challenges
inappropriate
ordinance
constitutional
circumstances
police
officers
demand
access
hotel
records
warrant
hand
exigent
circumstances
justify
search
opinion
tallman
second
dissent
conceded
inspections
constitute
fourth
amendment
searches
faulted
majority
assessing
reasonableness
searches
without
accounting
weakness
hotel
operators
privacy
interest
content
guest
registries
opinion
clifton
granted
certiorari
affirm
ii
first
clarify
facial
challenges
fourth
amendment
categorically
barred
especially
disfavored
facial
challenge
attack
statute
opposed
particular
application
challenges
difficult
mount
successfully
salerno
never
held
claims
brought
otherwise
enforceable
provision
constitution
cf
fallon
fact
fiction
facial
challenges
cal
rev
pointing
several
terms
adjudicated
facial
challenges
merits
challenges
instead
allowed
challenges
proceed
diverse
array
constitutional
provisions
see
sorrell
ims
health
first
amendment
district
columbia
heller
second
amendment
chicago
morales
due
process
clause
fourteenth
amendment
kraft
foods
iowa
dept
revenue
finance
foreign
commerce
clause
fourth
amendment
challenges
statutes
authorizing
warrantless
searches
exception
claim
contrary
reflects
misunderstanding
decision
sibron
new
york
sibron
two
criminal
defendants
challenged
constitutionality
statute
authorizing
police
among
things
person
abroad
public
place
reasonably
suspec
committing
committed
commit
felony
quoting
code
crim
proc
held
search
one
defendants
statute
violated
fourth
amendment
refused
opine
broadly
statute
validity
stating
constitutional
validity
warrantless
search
sort
question
decided
concrete
factual
context
individual
case
statement
sibron
face
might
suggest
intent
foreclose
facial
challenges
statutes
authorizing
warrantless
searches
must
understood
broader
context
case
section
opinion
emphasized
operative
categories
new
york
law
issue
susceptible
wide
variety
interpretations
law
passed
recently
state
highest
ruled
upon
many
questions
involving
potential
intersections
federal
constitutional
guarantees
sibron
thus
stands
simple
proposition
claims
facial
relief
fourth
amendment
unlikely
succeed
substantial
ambiguity
conduct
statute
authorizes
statute
consists
extraordinarily
elastic
categories
may
impossible
tell
whether
extent
deviates
requirements
fourth
amendment
reading
sibron
confirmed
subsequent
precedents
since
sibron
entertained
facial
challenges
fourth
amendment
statutes
authorizing
warrantless
searches
see
vernonia
school
district
acton
granted
certiorari
decide
whether
petitioner
student
athlete
drug
testing
policy
violates
fourth
fourteenth
amendments
constitution
skinner
railway
labor
executives
espondents
challenged
administrative
scheme
face
deal
therefore
whether
drug
tests
contemplated
regulation
ever
conducted
cf
illinois
krull
person
subject
statute
authorizing
searches
without
warrant
probable
cause
may
bring
action
seeking
declaration
statute
unconstitutional
injunction
barring
implementation
perhaps
importantly
numerous
occasions
declared
statutes
facially
invalid
fourth
amendment
instance
chandler
miller
struck
georgia
statute
requiring
candidates
certain
state
offices
take
pass
drug
test
concluding
requirement
fit
within
closely
guarded
category
constitutionally
permissible
suspicionless
searches
similar
examples
abound
see
ferguson
charleston
holding
hospital
policy
authorizing
nonconsensual
warrantless
suspicionless
searches
contravened
fourth
amendment
payton
new
york
holding
new
york
statute
authoriz
ing
police
officers
enter
private
residence
without
warrant
force
necessary
make
routine
felony
arrest
consistent
fourth
amendment
torres
puerto
rico
holding
puerto
rico
statute
authorizing
police
search
luggage
person
arriving
puerto
rico
unconstitutional
failed
require
either
probable
cause
warrant
petitioner
principally
contends
facial
challenges
statutes
authorizing
warrantless
searches
must
fail
searches
never
unconstitutional
applications
cf
salerno
obtain
facial
relief
party
seeking
must
establish
set
circumstances
exists
statute
valid
particular
city
points
situations
police
responding
emergency
subject
search
consents
intrusion
police
acting
warrant
see
brief
petitioner
petitioner
frames
argument
objection
respondents
challenge
case
logic
preclude
facial
relief
every
fourth
amendment
challenge
statute
authorizing
warrantless
searches
reason
alone
city
argument
must
fail
precedents
demonstrate
facial
challenges
statutes
authorizing
warrantless
searches
brought
also
succeed
see
part
supra
moreover
city
argument
misunderstands
courts
analyze
facial
challenges
exacting
standard
prescribed
facial
challenges
plaintiff
must
establish
law
unconstitutional
applications
washington
state
grange
washington
state
republican
party
assessing
whether
statute
meets
standard
considered
applications
statute
actually
authorizes
prohibits
conduct
instance
planned
parenthood
southeastern
casey
struck
provision
pennsylvania
abortion
law
required
woman
notify
husband
obtaining
abortion
defending
statute
argued
facial
relief
inappropriate
women
voluntarily
notify
husbands
planned
abortion
law
impose
undue
burden
rejected
argument
explaining
egislation
measured
consistency
constitution
impact
whose
conduct
affects
proper
focus
constitutional
inquiry
group
law
restriction
group
law
irrelevant
similarly
addressing
facial
challenge
statute
authorizing
warrantless
searches
proper
focus
constitutional
inquiry
searches
law
actually
authorizes
irrelevant
exigency
warrant
justifies
officer
search
subject
search
must
permit
proceed
irrespective
whether
authorized
statute
statutes
authorizing
warrantless
searches
also
work
subject
search
consented
accordingly
constitutional
applications
petitioner
claims
prevent
facial
relief
irrelevant
analysis
involve
actual
applications
iii
turning
merits
particular
claim
us
hold
facially
unconstitutional
fails
provide
hotel
operators
opportunity
precompliance
review
fourth
amendment
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
provides
warrants
shall
issue
upon
probable
cause
based
constitutional
text
repeatedly
held
conducted
outside
judicial
process
without
prior
approval
judge
magistrate
judge
per
se
unreasonable
subject
specifically
established
exceptions
arizona
gant
quoting
katz
rule
applies
commercial
premises
well
homes
marshall
barlow
search
regimes
warrant
ever
required
may
reasonable
needs
make
warrant
requirement
impracticable
skinner
quoting
griffin
wisconsin
internal
quotation
marks
omitted
primary
purpose
searches
istinguishable
general
interest
crime
control
indianapolis
edmond
assume
searches
authorized
serve
special
need
conducting
criminal
investigations
ensure
compliance
recordkeeping
requirement
turn
deters
criminals
operating
hotels
referred
kind
search
administrative
searc
camara
municipal
city
county
san
francisco
thus
consider
whether
falls
within
administrative
search
exception
warrant
requirement
held
absent
consent
exigent
circumstances
like
order
administrative
search
constitutional
subject
search
must
afforded
opportunity
obtain
precompliance
review
neutral
decisionmaker
see
see
lone
steer
noting
administrative
search
may
proceed
subpoena
subpoenaed
party
sufficiently
protected
opportunity
question
reasonableness
subpoena
suffering
penalties
refusing
comply
raising
objections
action
district
see
reason
minimal
requirement
inapplicable
never
attempted
prescribe
exact
form
opportunity
precompliance
review
must
take
city
even
attempt
argue
affords
hotel
operators
opportunity
whatsoever
section
therefore
facially
invalid
hotel
owner
refuses
give
officer
access
registry
arrested
spot
held
business
owners
reasonably
put
kind
choice
camara
holding
broad
statutory
safeguards
substitute
individualized
review
particularly
safeguards
may
invoked
risk
criminal
penalty
absent
opportunity
precompliance
review
ordinance
creates
intolerable
risk
searches
authorized
exceed
statutory
limits
used
pretext
harass
hotel
operators
guests
even
hotel
searched
times
day
every
day
three
months
without
violation
found
operator
refuse
comply
officer
demand
turn
registry
peril
clear
hold
hotel
owner
must
afforded
opportunity
neutral
decisionmaker
review
officer
demand
search
registry
faces
penalties
failing
comply
actual
review
need
occur
rare
instances
hotel
operator
objects
turning
registry
moreover
opportunity
provided
without
imposing
onerous
burdens
charged
administrative
scheme
enforcement
instance
respondents
accept
searches
authorized
constitutional
performed
pursuant
administrative
subpoena
tr
oral
arg
subpoenas
typically
simple
form
issued
individual
seeking
record
officers
field
without
probable
cause
regulation
infringed
see
see
demand
inspect
may
issued
agency
issuing
subpoena
usually
full
extent
officer
burden
great
majority
businessmen
expected
normal
course
consent
inspection
without
warrant
barlow
indeed
city
cited
evidence
suggesting
without
ordinance
authorizing
searches
hotel
operators
regularly
refuse
cooperate
police
instances
however
subpoenaed
hotel
operator
believes
attempted
search
motivated
illicit
purposes
respondents
suggest
sufficient
move
quash
subpoena
search
takes
place
tr
oral
arg
neutral
decisionmaker
including
administrative
law
judge
review
subpoenaed
party
objections
deciding
whether
subpoena
enforceable
given
limited
grounds
motion
quash
granted
challenges
likely
rare
even
rarer
event
officer
reasonably
suspects
hotel
operator
may
tamper
registry
motion
quash
pending
guard
registry
required
hearing
occur
take
long
riley
california
slip
police
may
seize
hold
cell
phone
prevent
destruction
evidence
seeking
warrant
illinois
mcarthur
citing
cases
upholding
constitutionality
temporary
restraints
needed
preserve
evidence
police
obtain
warrant
cf
missouri
mcneely
slip
noting
many
procedures
place
considering
warrant
applications
telephonically
procedures
along
lines
ubiquitous
report
department
justice
identified
approximately
existing
administrative
subpoena
authorities
held
various
federal
executive
branch
entities
office
legal
policy
report
congress
use
administrative
subpoena
authorities
executive
branch
agencies
entities
online
http
internet
materials
visited
june
available
clerk
case
file
prevalence
confirms
common
sense
alone
otherwise
lead
us
conclude
contexts
business
owners
afforded
least
opportunity
contest
administrative
search
propriety
without
unduly
compromising
government
ability
achieve
regulatory
aims
course
administrative
subpoenas
one
way
opportunity
precompliance
review
made
available
whatever
precise
form
availability
precompliance
review
alters
dynamic
officer
hotel
searched
reduces
risk
officers
use
administrative
searches
pretext
harass
business
owners
finally
underscore
narrow
nature
holding
respondents
challenged
nothing
opinion
calls
question
parts
require
hotel
operators
maintain
guest
registries
containing
certain
information
even
absent
legislative
action
create
procedure
along
lines
discussed
see
supra
police
prevented
obtaining
access
documents
often
hotel
operators
remain
free
consent
searches
registries
police
compel
turn
proper
administrative
warrant
including
one
issued
ex
parte
exception
warrant
requirement
applies
including
exigent
rather
arguing
constitutional
general
administrative
search
doctrine
city
justice
scalia
contend
hotels
closely
regulated
ordinance
facially
valid
relaxed
standard
applies
searches
category
businesses
brief
petitioner
post
wrong
counts
past
years
identified
four
industries
history
government
oversight
reasonable
expectation
privacy
exist
proprietor
stock
enterprise
barlow
simply
listing
industries
refutes
petitioner
argument
hotels
counted
among
unlike
liquor
sales
colonnade
catering
firearms
dealing
biswell
mining
donovan
dewey
running
automobile
junkyard
new
york
burger
nothing
inherent
operation
hotels
poses
clear
significant
risk
public
welfare
see
automobile
junkyards
vehicle
dismantlers
provide
major
market
stolen
vehicles
vehicle
parts
dewey
describing
mining
industry
among
hazardous
country
moreover
clear
import
cases
closely
regulated
industry
exception
barlow
classify
hotels
pervasively
regulated
permit
always
narrow
exception
swallow
rule
city
wisely
refrains
arguing
renders
hotels
closely
regulated
regulations
petitioner
justice
scalia
rely
regulations
requiring
hotels
inter
alia
maintain
license
collect
taxes
conspicuously
post
rates
meet
certain
sanitary
standards
establish
comprehensive
scheme
regulation
distinguishes
hotels
numerous
businesses
see
brief
petitioner
citing
regulations
post
businesses
los
angeles
need
license
operate
lamc
regulations
apply
smaller
set
businesses
see
cal
code
tit
requiring
linens
changed
rental
guests
online
http
hardly
said
created
scheme
puts
hotel
owners
notice
subject
periodic
inspections
undertaken
specific
purposes
burger
quoting
dewey
instead
akin
widely
applicable
minimum
wage
maximum
hour
rules
rejected
basis
deeming
entirety
american
interstate
commerce
closely
regulated
barlow
general
regulations
sufficient
invoke
closely
regulated
industry
exception
hard
imagine
type
business
qualify
see
brief
google
amicus
curiae
brief
chamber
commerce
america
amicus
curiae
petitioner
attempts
recast
hodgepodge
regulations
comprehensive
scheme
referring
tradition
warrantless
searches
hotels
brief
petitioner
history
relevant
determining
whether
industry
closely
regulated
see
burger
historical
record
however
clear
petitioner
suggests
city
justice
scalia
principally
point
evidence
hotels
treated
public
accommodations
brief
petitioner
post
instance
commonwealth
massachusetts
required
innkeepers
suitable
provisions
lodging
refreshment
entertainment
strangers
travellers
pasturing
stable
room
hay
provender
horses
cattle
brief
petitioner
quoting
act
due
regulation
licensed
houses
reprinted
acts
laws
commonwealth
massachusetts
laws
obligating
inns
provide
suitable
lodging
paying
guests
laws
subjecting
inns
warrantless
searches
petitioner
also
asserts
long
time
hotel
owners
left
registers
open
widespread
inspection
brief
petitioner
setting
aside
modern
hotel
registries
contain
sensitive
information
driver
licenses
credit
card
numbers
historic
analog
fact
hotels
chose
make
registries
accessible
public
little
bearing
whether
government
authorities
viewed
documents
demand
without
hotel
consent
even
find
hotels
pervasively
regulated
need
satisfy
three
additional
criteria
reasonable
fourth
amendment
must
government
interest
informs
regulatory
scheme
pursuant
inspection
made
warrantless
inspections
must
regulatory
scheme
statute
inspection
program
terms
certainty
regularity
application
must
provid
constitutionally
adequate
substitute
warrant
burger
internal
quotation
marks
omitted
assume
petitioner
interest
ensuring
hotels
maintain
accurate
complete
registries
might
fulfill
first
requirements
conclude
fails
second
third
prongs
test
city
claims
affording
hotel
operators
opportunity
precompliance
review
fatally
undermine
scheme
efficacy
giving
operators
chance
falsify
records
brief
petitioner
previously
rejected
exact
argument
made
regarding
recordkeeping
requirement
see
barlow
apparent
advantages
surprise
lost
refused
entry
procedures
available
labor
secretary
seek
ex
parte
warrant
reappear
premises
without
notice
establishment
inspected
cf
lone
steer
affirming
use
administrative
subpoena
provided
opportunity
precompliance
review
means
obtaining
payroll
sales
records
see
reason
accept
explained
nothing
decision
today
precludes
officer
conducting
surprise
inspection
obtaining
ex
parte
warrant
officer
reasonably
suspects
registry
altered
guarding
registry
pending
hearing
motion
quash
see
barlow
riley
slip
justice
scalia
claim
procedures
prove
unworkable
given
large
number
hotels
los
angeles
red
herring
see
post
approximately
hotels
los
angeles
basis
believe
resort
measures
needed
conduct
spot
checks
vast
majority
see
supra
section
also
constitutionally
deficient
certainty
regularity
prong
closely
regulated
industries
test
fails
sufficiently
constrain
police
officers
discretion
hotels
search
circumstances
upheld
inspection
schemes
closely
regulated
industries
called
searches
least
four
times
year
dewey
regular
basis
burger
imposes
comparable
standard
foregoing
reasons
agree
ninth
circuit
facially
invalid
insofar
fails
provide
opportunity
precompliance
review
hotel
must
give
guest
registry
police
inspection
accordingly
judgment
ninth
circuit
affirmed
ordered
scalia
dissenting
city
los
angeles
california
petitioner
naranjibhai
patel
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
scalia
chief
justice
justice
thomas
join
dissenting
city
los
angeles
like
many
jurisdictions
across
country
law
requires
motels
hotels
places
overnight
accommodation
hereinafter
motels
keep
register
containing
specified
information
guests
los
angeles
municipal
code
lamc
purpose
recordkeeping
requirement
deter
criminal
conduct
theory
criminals
unwilling
carry
illicit
activities
motel
rooms
must
provide
identifying
information
deterrent
effect
accomplished
motels
actually
require
guests
provide
required
information
ordinance
also
authorizes
police
conduct
random
spot
checks
motels
guest
registers
ensure
properly
maintained
ordinance
limits
spot
checks
four
corners
register
authorize
police
enter
nonpublic
area
motel
extent
possible
police
must
conduct
spot
checks
times
minimize
disruption
motel
business
parties
dispute
governmental
interests
stake
motels
provide
housing
vulnerable
transient
populations
also
particularly
attractive
site
criminal
activity
ranging
drug
dealing
prostitution
human
trafficking
offering
privacy
anonymity
cheap
employed
prisons
migrants
smuggled
across
border
held
ransom
see
sanchez
immigrant
smugglers
become
ruthless
washington
post
june
wagner
human
smuggling
arizona
republic
july
rendezvous
sites
child
sex
workers
meet
clients
threat
violence
procurers
nevertheless
today
concludes
los
angeles
ordinance
unreasonable
inasmuch
permits
police
flip
guest
register
ensure
filled
without
first
providing
opportunity
motel
operator
seek
judicial
review
believe
limited
inspection
guest
register
eminently
reasonable
circumstances
presented
dissent
assume
respondents
may
bring
facial
challenge
city
ordinance
fourth
amendment
even
claim
must
fail
discussed
infra
law
constitutional
applications
see
salerno
discusses
propriety
facial
challenge
length
offer
thoughts
article
iii
limits
jurisdiction
cases
controversies
accordingly
ederal
courts
may
questions
affect
rights
litigants
case
give
advising
law
upon
hypothetical
state
facts
chafin
chafin
slip
sure
reasoning
decision
may
suggest
permissible
application
particular
statute
chicago
morales
scalia
dissenting
doctrine
stare
decisis
reasoning
extent
necessary
holding
binding
future
cases
sense
facial
invalidation
statute
logical
consequence
opinion
immediate
effect
judgment
although
times
described
holdings
invalidating
law
always
application
law
rather
law
us
upshot
effect
given
case
function
plaintiff
characterization
challenge
narrowness
breadth
ground
relies
upon
disposing
plaintiff
elects
present
facts
support
claim
law
unconstitutional
case
limit
grounds
may
find
highly
abstract
rules
broad
application
future
cases
decision
might
poor
strategic
move
especially
fourth
amendment
case
reasonableness
search
highly
factbound
question
general
abstract
rules
hard
come
cf
sibron
new
york
even
plaintiffs
case
presented
voluminous
facts
challenge
nothing
force
rely
upon
facts
rather
broader
principle
chosen
rely
upon
see
reason
plaintiff
challenge
facial
provide
independent
reason
reject
unless
delegate
litigants
duty
say
law
ii
fourth
amendment
provides
relevant
part
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
grammatically
two
clauses
amendment
seem
independent
directed
entirely
different
actors
former
tells
executive
must
conducts
search
latter
tells
judiciary
must
issues
search
warrant
effort
guide
courts
applying
clause
indeterminate
reasonableness
standard
maintain
coherence
case
law
used
warrant
clause
guidepost
assessing
reasonableness
search
erected
framework
presumptions
applicable
broad
categories
searches
conducted
executive
officials
case
law
repeatedly
recognized
mere
presumptions
requirement
search
reasonable
example
search
conducted
enforce
administrative
regime
rather
investigate
criminal
wrongdoing
willing
modify
standard
warrant
may
issue
absent
individualized
suspicion
wrongdoing
thus
cases
say
warrant
may
issue
inspect
structure
violations
basis
factors
passage
time
nature
building
condition
neighborhood
camara
municipal
city
county
san
francisco
recognized
case
reasonableness
still
ultimate
standard
valid
public
interest
justifies
intrusion
contemplated
probable
cause
issue
suitably
restricted
search
warrant
precisely
ultimate
touchstone
fourth
amendment
even
presumption
search
home
without
warrant
unreasonable
subject
certain
exceptions
brigham
city
stuart
one
exception
normal
warrant
requirements
applies
searches
closely
regulated
businesses
hen
entrepreneur
embarks
upon
business
voluntarily
chosen
subject
full
arsenal
governmental
regulation
warrantless
search
enforce
regulations
unreasonable
marshall
barlow
recognizing
warrantless
searches
closely
regulated
businesses
may
nevertheless
become
unreasonable
arbitrarily
conducted
required
laws
authorizing
searches
satisfy
three
criteria
must
government
interest
informs
regulatory
scheme
pursuant
inspection
made
warrantless
inspections
must
regulatory
statute
inspection
program
terms
certainty
regularity
application
must
provid
constitutionally
adequate
substitute
warrant
new
york
burger
los
angeles
ordinance
easily
meets
standards
determining
whether
business
closely
regulated
looked
factors
including
duration
regulatory
tradition
colonnade
catering
donovan
dewey
comprehensiveness
regulatory
regime
burger
supra
dewey
supra
imposition
similar
regulations
jurisdictions
burger
supra
factors
talismans
shed
light
expectation
privacy
owner
business
may
reasonably
turn
affects
reasonableness
warrantless
search
see
barlow
supra
reflecting
unique
public
role
motels
commercial
forebears
governments
long
subjected
businesses
unique
public
duties
established
inspection
regimes
ensure
compliance
blackstone
observed
inns
particular
intended
lodging
receipt
travellers
may
indicted
suppressed
fined
refuse
entertain
traveller
without
sufficient
cause
thus
frustrate
end
institution
held
disorderly
behavior
blackstone
commentaries
laws
england
justice
story
similarly
recognized
soundness
public
policy
subjecting
particular
classes
persons
extraordinary
responsibility
cases
extraordinary
confidence
necessarily
reposed
extraordinary
temptation
fraud
danger
plunder
story
commentaries
law
bailments
pp
ed
accordingly
addition
obligation
receive
paying
guest
innkeepers
bound
take
merely
ordinary
care
uncommon
care
goods
money
baggage
guests
travellers
obliged
rely
almost
implicitly
good
faith
innholders
whose
education
morals
none
best
might
frequent
opportunities
associating
ruffians
pilferers
obligations
merely
aspirational
time
founding
searches
indeed
warrantless
searches
inns
similar
places
public
accommodation
commonplace
example
although
massachusetts
perhaps
state
protective
government
searches
state
code
still
allowed
tithingmen
search
public
houses
entertainment
every
sabbath
without
sort
warrant
cuddihy
fourth
amendment
origins
original
meaning
evidence
demonstrates
regulatory
tradition
governing
motels
longstanding
comprehensive
tradition
continues
los
angeles
city
imposes
occupancy
tax
upon
transients
stay
motels
lamc
makes
motel
owner
responsible
collecting
authorizes
city
officials
enter
motel
free
charge
business
hours
order
inspect
examine
determine
whether
tax
provisions
complied
requires
motels
obtain
transient
occupancy
registration
certificate
must
displayed
premises
state
law
requires
motels
post
conspicuous
place
statement
rate
range
rates
day
lodging
forbids
charges
excess
posted
rates
cal
civ
code
ann
west
hotels
must
change
bed
linens
guests
cal
code
tit
must
offer
guests
option
towels
linens
laundered
daily
lamc
multiuse
drinking
utensils
may
placed
guest
rooms
thoroughly
washed
sanitized
use
placed
protective
bags
cal
code
tit
state
authorities
like
municipal
counterparts
may
reasonable
times
enter
inspect
hotels
motels
public
places
ensure
compliance
regulatory
regime
issue
thus
comprehensive
regulations
governing
junkyards
burger
licensing
requirements
found
sufficient
qualify
industry
closely
regulated
suggestion
regulations
sufficiently
targeted
motels
akin
minimum
wage
maximum
hour
rules
ante
simply
false
regulations
described
reach
minutest
detail
motel
operations
barlow
supra
enter
business
today
like
entered
centuries
expectation
subjected
especially
vigilant
governmental
oversight
finally
ordinance
outlier
city
pointed
us
similar
laws
cities
counties
across
country
brief
petitioner
far
exhaustive
municipalities
least
laws
similar
los
angeles
brief
national
league
cities
et
al
amici
curiae
least
laws
authorizing
register
inspections
brief
california
et
al
amici
curiae
copious
evidence
surely
enough
establish
hen
motel
operator
chooses
engage
pervasively
regulated
business
knowledge
business
records
subject
effective
inspection
biswell
relevant
constitutional
test
whether
regulatory
superstructure
laws
subjecting
inns
warrantless
searches
whether
historical
matter
government
authorities
required
documents
kept
permitted
viewed
demand
without
motel
consent
ante
observation
ver
past
years
identified
four
industries
closely
regulated
ante
neither
since
first
concluded
colonnade
catering
warrantless
searches
closely
regulated
businesses
reasonable
identified
one
industry
closely
regulated
see
barlow
statistic
thus
tells
us
exercises
discretionary
review
number
industries
qualify
closely
regulated
time
lower
courts
luxury
picking
cases
hear
identified
many
businesses
closely
regulated
test
announced
pharmacies
gonsalves
massage
parlors
pollard
cockrell
operations
raub
facilities
rush
obledo
nursing
homes
people
firstenberg
cal
app
cal
rptr
jewelers
people
pashigian
app
per
curiam
barbershops
stogner
kentucky
supp
wd
yes
even
rabbit
dealers
lesser
espy
like
automobile
junkyards
catering
companies
serve
alcohol
many
businesses
far
intrinsically
dangerous
cf
ante
come
surprise
reason
closely
regulated
industries
may
searched
without
warrant
nothing
risk
harm
pose
rather
expectations
enter
line
work
see
barlow
supra
city
ordinance
easily
satisfies
remaining
burger
requirements
furthers
substantial
governmental
interest
necessary
achieving
interest
provides
adequate
substitute
search
warrant
neither
respondents
question
substantial
interest
city
deterring
criminal
activity
see
brief
respondents
ante
private
pain
public
costs
imposed
drug
dealing
prostitution
human
trafficking
beyond
contention
motels
provide
obvious
trade
human
misery
warrantless
inspections
also
necessary
advance
interest
although
acknowledges
law
enforcement
enter
motel
room
without
warrant
exigent
circumstances
exist
see
ante
whole
reason
criminals
use
motel
rooms
first
place
offer
privacy
secrecy
police
never
come
discover
exigencies
recordkeeping
requirement
parties
admit
permissible
therefore
operates
deterring
crime
criminals
depend
anonymity
motels
offer
balk
confronted
motel
demand
produce
identification
motel
evasion
recordkeeping
requirement
fosters
crime
san
diego
example
motel
owners
indicted
collaborating
members
crips
street
gang
prostitution
underage
girls
motel
owners
set
aside
rooms
apart
rest
legitimate
customers
girls
women
housed
charged
gang
higher
rate
rooms
took
place
warned
gang
members
inquiries
law
enforcement
office
attorney
general
cal
dept
justice
state
human
trafficking
california
warrantless
inspection
requirement
provides
necessary
incentive
motels
maintain
registers
thoroughly
accurately
never
know
law
enforcement
might
drop
inspect
respondents
acknowledge
inspections
necessary
achieve
purposes
recordkeeping
regime
insist
warrantless
inspections
acknowledge
however
motel
operators
conspire
drug
dealers
procurers
may
demand
precompliance
judicial
review
simply
pretext
buy
time
making
fraudulent
entries
guest
registers
therefore
must
resort
arguing
warrantless
inspections
necessary
alternatives
exist
suggests
police
obtain
administrative
subpoena
search
guest
register
motel
moves
quash
police
guar
registry
pending
hearing
motion
ante
proposal
equal
parts
alice
wonderland
protects
motels
government
inspection
registers
authorizing
government
agents
seize
guarding
entails
forbidding
register
moved
upset
guests
prolonged
police
presence
motel
also
notes
police
obtain
ex
parte
warrant
conducting
register
inspection
ante
presumably
warrants
issue
without
probable
cause
wrongdoing
particular
motel
see
camara
otherwise
alternative
even
regime
police
obtain
ex
parte
warrant
every
inspection
law
enforcement
way
knowing
ahead
time
motels
refuse
consent
search
upon
request
wait
obtain
warrant
consent
refused
motels
opportunity
falsify
guest
registers
police
jump
procedural
hoops
required
obtain
warrant
quite
plausible
costs
alternative
prohibitive
police
force
one
america
largest
cities
juggling
numerous
priorities
confronting
motels
within
jurisdiction
wallace
pollock
horth
carty
elyas
los
angeles
tourism
domestic
international
analysis
may
online
http
visited
june
available
clerk
case
file
sure
fact
obtaining
warrant
might
costly
render
warrantless
search
reasonable
fourth
amendment
render
warrantless
search
necessary
context
regime
governing
closely
regulated
businesses
discussion
case
irrelevant
administrative
search
need
reasonable
burden
los
angeles
show
less
restrictive
means
achieving
city
purposes
sequestration
ex
parte
warrants
possible
alternatives
warrantless
search
regimes
approved
colonnade
catering
biswell
dewey
burger
importing
test
burger
fourth
amendment
framework
today
opinion
implicitly
overrules
entire
line
cases
finally
city
ordinance
provides
adequate
substitute
warrant
warrants
advise
owner
scope
objects
search
beyond
limits
inspector
expected
proceed
barlow
ultimately
aim
protect
devolv
ing
almost
unbridled
discretion
upon
executive
administrative
officers
particularly
field
search
search
ibid
los
angeles
ordinance
provides
guest
register
must
kept
guest
reception
guest
area
adjacent
office
made
available
officer
los
angeles
police
department
inspection
whenever
possible
inspection
shall
conducted
time
manner
minimizes
interference
operation
business
lamc
nothing
ordinance
authorizes
law
enforcement
enter
nonpublic
part
motel
compare
statute
upheld
colonnade
catering
provided
secretary
delegate
may
enter
daytime
building
place
articles
objects
subject
tax
made
produced
kept
far
may
necessary
purpose
examining
said
articles
objects
quoting
ed
one
biswell
stated
secretary
may
enter
business
hours
premises
including
places
storage
firearms
ammunition
importer
purpose
inspecting
examining
records
documents
required
kept
firearms
ammunition
kept
stored
quoting
ed
one
dewey
granted
federal
mine
inspectors
right
entry
upon
coal
mine
quoting
supp
iii
one
burger
compelled
junkyard
operators
records
permit
said
agent
police
officer
examine
vehicles
parts
vehicles
subject
record
keeping
requirements
section
premises
quoting
veh
traf
law
mckinney
los
angeles
ordinance
limits
warrantless
police
searches
pages
guest
register
public
part
motel
circumscribes
police
discretion
much
exacting
terms
laws
approved
earlier
cases
claims
los
angeles
ordinance
confers
much
discretion
adequately
limit
frequency
searches
without
trace
irony
tries
distinguish
los
angeles
law
laws
upheld
dewey
burger
pointing
latter
regimes
required
inspections
least
four
times
year
basis
respectively
ante
warrantless
police
searches
business
times
day
every
day
three
months
envisions
los
angeles
regime
ante
entirely
consistent
regimes
dewey
burger
times
day
every
day
least
four
times
year
much
basis
ante
say
hypothetical
searches
necessarily
constitutional
say
los
angeles
ordinance
presents
greater
risk
hypothetical
materialize
laws
already
upheld
earlier
cases
leave
lower
courts
consider
basis
whether
warrantless
searches
conducted
unreasonably
intrusive
harassing
manner
iii
reaches
wrongheaded
conclusion
simply
misapplying
precedent
mistaking
precedent
fourth
amendment
rather
bother
text
amendment
relies
exclusively
cases
camara
see
seattle
barlow
constitution
predates
remains
law
land
today
although
categorical
framework
jurisprudence
erected
area
may
provide
us
guidance
guidance
answer
constitutional
question
issue
whether
challenged
search
reasonable
administrative
ordinance
narrowly
limits
scope
searches
single
business
record
authorize
entry
upon
premises
open
public
supported
need
prevent
fabrication
guest
registers
say
least
far
afield
laws
issue
cases
relies
upon
concludes
minor
intrusions
permissible
police
trying
tamp
market
stolen
auto
parts
unreasonable
police
instead
attempting
stamp
market
child
sex
slaves
believe
limited
warrantless
searches
authorized
los
angeles
ordinance
reasonable
circumstances
respectfully
dissent
alito
dissenting
city
los
angeles
california
petitioner
naranjibhai
patel
et
al
writ
certiorari
appeals
ninth
circuit
june
justice
alito
justice
thomas
joins
dissenting
today
city
los
angeles
never
circumstances
enforce
requirement
hotels
make
registers
available
police
officers
holds
los
angeles
municipal
code
facially
unconstitutional
entering
judgment
serious
safety
federalism
implications
must
conclude
every
application
law
set
circumstances
exists
law
valid
ante
quoting
salerno
doubts
approach
administrative
searches
closely
regulated
industries
ante
even
correct
still
uphold
many
applications
law
constitutional
five
examples
example
one
police
probable
cause
believe
register
contains
evidence
crime
go
judge
get
search
warrant
hotel
operator
however
refuses
surrender
register
instead
stashes
away
officers
tear
hotel
apart
looking
simply
order
operator
produce
fourth
amendment
create
right
defy
warrant
hence
constitutionally
applied
scenario
indeed
concedes
proper
apply
california
obstruction
justice
law
case
see
ante
brief
respondents
applying
city
law
similar
effect
different
one
thinks
overlapping
laws
unconstitutional
see
yates
kagan
dissenting
slip
overlap
even
significant
overlap
abounds
criminal
law
collecting
citations
specific
law
gives
notice
general
law
event
los
angeles
ordinance
arguably
broader
least
one
important
respect
california
obstruction
justice
statute
relies
ante
state
law
applies
person
willfully
resists
delays
obstructs
public
officer
discharge
attempt
discharge
duty
office
cal
penal
code
ann
west
example
set
suppose
hotel
operator
instead
hiding
register
simply
refused
tell
police
located
cites
california
case
holding
refusal
unlawful
city
los
angeles
submits
california
law
bstruction
statutes
prohibit
hotel
owner
obstructing
search
require
affirmative
assistance
reply
brief
los
angeles
ordinance
contrast
unequivocally
requires
hotel
operator
make
register
available
request
example
two
murderer
kidnapped
woman
intent
rape
kill
reason
believe
holed
certain
motel
fourth
amendment
reasonableness
standard
accounts
exigent
circumstances
see
brigham
city
stuart
police
arrive
motel
operator
folds
arms
says
register
locked
safe
invoking
police
order
operator
turn
register
refuses
fourth
amendment
protect
arrest
example
three
neighborhood
pay
hour
motels
notorious
gathering
spot
traffickers
police
officers
drive
neighborhood
late
one
night
see
unusual
amounts
activity
particular
motel
officers
stop
ask
motel
operator
names
paid
cash
rent
rooms
less
three
hours
operator
refuses
provide
information
requesting
see
register
arresting
operator
failing
provide
reasonable
totality
circumstances
ohio
robinette
fact
upheld
similar
reporting
duty
fourth
amendment
challenge
scope
information
required
also
targeted
public
interest
crime
prevention
less
serious
see
california
bankers
assn
shultz
difficulty
upholding
requirement
banks
must
provide
reports
transactions
involving
including
name
address
occupation
social
security
number
customer
involved
along
summary
transaction
amount
money
issue
type
identification
presented
example
four
motel
operated
dishonest
employee
charging
rooms
records
pocketing
difference
owner
finds
eagerly
consents
police
inspection
register
officers
arrive
ask
see
register
operator
hides
fourth
amendment
allow
operator
refusal
defeat
owner
consent
see
mancusi
deforte
accordingly
violate
fourth
amendment
arrest
operator
failing
make
register
available
officer
los
angeles
police
department
inspection
example
five
mom
pop
motel
always
keeps
guest
register
open
front
desk
anyone
wants
walk
leaf
motels
common
used
los
angeles
big
place
motel
reasonable
expectation
privacy
register
one
doubts
police
officers
like
anyone
else
enter
lobby
see
florida
jardines
slip
donovan
lone
steer
officer
starts
looking
register
others
motel
operator
desk
snatches
away
give
back
arresting
person
violate
fourth
amendment
five
examples
many
rushes
past
examples
like
suggesting
work
scenarios
ante
true
threat
legal
sanction
law
orders
hotel
operators
things
want
sure
may
circumstances
command
conflicts
fourth
amendment
circumstances
fourth
amendment
see
art
vi
cl
different
local
law
remedy
circumstances
injunction
limited
conflict
fourth
amendment
injunction
protect
hotel
searched
times
day
every
day
three
months
without
violation
found
ante
unlike
facial
invalidation
injunction
produce
collateral
damage
section
enforceable
many
cases
fourth
amendment
violated
serious
arguments
fourth
amendment
application
warrantless
searches
seizures
inherently
inconsistent
facial
challenges
see
sibron
new
york
explaining
fourth
amendment
reasonableness
requirement
constitutional
validity
warrantless
search
sort
question
decided
concrete
factual
context
individual
case
brief
manhattan
institute
policy
research
amicus
curiae
constitutional
claim
first
clause
fourth
amendment
never
challenge
always
inherently
challenge
executive
action
assuming
facial
challenges
ever
make
sense
conceptually
particular
one
fails
basic
principles
facial
invalidation
contrary
holding
befuddling
respectfully
dissent
footnotes
relatedly
claims
statute
authorizing
warrantless
searches
may
still
independent
force
imposes
penalty
failing
cooperate
search
conducted
warrant
exigency
see
brief
amicus
curiae
argument
gets
things
backwards
otherwise
facially
unconstitutional
statute
saved
invalidation
based
solely
existence
penalty
provision
applies
searches
actually
authorized
statute
argument
especially
unconvincing
independent
obstruction
justice
statute
imposes
penalty
willfully
resist
ing
delay
ing
obstruct
ing
public
officer
discharge
attempt
discharge
duty
office
employment
cal
penal
code
ann
west
respondents
contend
principal
purpose
instead
facilitate
criminal
investigation
brief
respondents
find
searches
authorized
unconstitutional
even
serve
city
asserted
purpose
decline
address
argument
justice
scalia
professes
baffled
idea
suggest
certain
circumstances
police
officers
may
seize
something
immediately
search
post
dissenting
opinion
cases
explicitly
endorsed
including
riley
last
term
suggesting
holding
today
somehow
impede
law
enforcement
achieving
important
aims
justice
scalia
relies
instances
hotels
used
prisons
migrants
smuggled
across
border
held
ransom
rendezvous
sites
child
sex
workers
meet
clients
threat
violence
procurers
see
post
hard
imagine
circumstances
exigent
justice
scalia
effort
depict
hotels
raising
comparable
degree
risk
rings
hollow
see
post
hotels
like
practically
commercial
premises
services
put
use
nefarious
ends
unlike
industries
found
closely
regulated
hotels
intrinsically
dangerous
footnotes
beale
helpfully
confirms
rom
earliest
times
fundamental
characteristic
inn
public
nature
public
house
house
public
entertainment
legally
phrased
common
inn
beale
law
innkeepers
hotels
baffled
idea
police
officers
may
seize
something
immediately
search
ante
baffled
idea
anyone
think
seizure
required
records
less
intrusive
visual
inspection