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Los Angeles County, California v. Rettele | 550 U.S. 609 (2007)

If law enforcement searches an innocent person’s property, it’s easy to see why the person might view the search as unreasonable even if it was conducted pursuant to a valid warrant. The person may be tempted to allege a violation of his or her Fourth Amendment right to be free from unreasonable searches and seizures. In Los Angeles County, California versus Rettele, we explore the intersection of mistaken searches and the Fourth Amendment’s reasonableness requirement.

An investigation of fraud and identity theft by the Los Angeles County Sheriff’s Department identified four African American suspects, one of whom owned a registered handgun. The department obtained a warrant to search a residence where the suspects supposedly lived. Unfortunately, the residence had recently been sold to Max Rettele, an innocent third party.

At 7:15 a.m., deputies executed a search of the residence. During the search, the deputies discovered Rettele and his girlfriend, Judy Sadler, both Caucasian, in bed unclothed. Although it was obvious that Rettele and Sadler weren’t the African American suspects targeted by the search, the deputies ordered Rettele and Sadler out of bed and held them at gunpoint, without any coverings, for two minutes while the deputies continued their search. After allowing Rettele and Sadler to dress, the deputies eventually realized their mistake.

Rettele and Sadler filed suit against the department and affiliated parties, alleging that the department’s search and detention was unreasonable and therefore violated Rettele and Sadler’s Fourth Amendment rights.

The district court granted summary judgment in favor of the department, holding that the search was reasonable. The Ninth Circuit reversed, and the United States Supreme Court granted cert.

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