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 visually inspected the exterior of plaintiff's apartment building and a dumpster on the premises without a warrant or consent for rat control. Plaintiff, who owns but doesn't reside there, was charged with violations and sued, alleging Fourth and Fourteenth Amendment violations. The facts were undisputed.
Issue
Did county health inspectors violate the plaintiff's Fourth and Fourteenth Amendment rights by conducting warrantless, non-consensual visual inspections of the exterior of his apartment building and surrounding grounds?
Holding
The court affirmed the summary judgment for the defendants, ruling that the visual inspection of the apartment building's exterior and grounds without a warrant or consent was valid. The inspection was permissible under the "open fields" doctrine.
Rule
The "open fields" doctrine permits warrantless visual inspections by public officials of areas on private property that are observable and accessible to the general public. There is no Fourth Amendment protection against observation of what is observable by the general public, even if on private property, if the area is not one from which the public is excluded.
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