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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16995 · judgment December 7, 2020


Certiorari denied · October 12, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Frank Alan Weiser
Attorney at Law

For respondent
Malgorzata Laskowska
Office of City Attorney, City of San Jose

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

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