No. 20-1755

Dean Hotop, et al. v. City of San Jose, California

Lower Court: Ninth Circuit
Docketed: 2021-06-16
Status: Denied
Type: Paid
Amici (2)
Tags: business-records compelled-disclosure criminal-sanctions due-process fourth-amendment judicial-review landlord landlord-rights search search-and-seizure
Key Terms:
FourthAmendment Privacy
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Does City of San Jose Ordinance 30032 require a landlord to produce and transmit business records to the City under threat of criminal sanctions without pre-compliance judicial review, constituting an unconstitutional 'constructive' search under the Fourth Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does City of San Jose Ordinance 30032 which requires that a landlord produce and transmit his or her business records and information to the City under compulsion of criminal sanctions for non-compliance and without also providing for pre-compliance judicial review constitute a “constructive” search under the Fourth Amendment, and if so, is it unconstitutional?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-30
Reply of petitioners Dean Hotop, et al. filed. (Distributed)
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-08-30
Brief of respondent City of San Jose in opposition filed.
2021-07-16
Brief amicus curiae of California Rental Housing Association, Apartment Owners Association of California, Inc. filed.
2021-07-14
Brief amicus curiae of Apartment Association of Los Angeles Count, Inc., DBA Apartment Association of Greater Los Angeles filed.
2021-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2021.
2021-07-01
Motion to extend the time to file a response from July 16, 2021 to August 30, 2021, submitted to The Clerk.
2021-06-14
Petition for a writ of certiorari filed. (Response due July 16, 2021)

Attorneys

Apartment Association of Los Angeles Count, Inc., DBA Apartment Association of Greater Los Angeles
Richard MontevideoRutan & Tucker LLP, Amicus
California Rental Housing Association, Apartment Owners Association of California, Inc.
Paul J. Beard IIFisherBroyles LLP, Amicus
City of San Jose
Malgorzata LaskowskaOffice of City Attorney, City of San Jose, Respondent
Dean Hotop, et al.
Frank Alan WeiserAttorney at Law, Petitioner