Barajas v. City of Rohnert Park

• Citation: 159 F.Supp.3d 1016
• Decision Date: 05 February 2016
• Docket Number: Case No. 14-cv-05157-MEJ
• Court: U.S. District Court — Northern District of California
• Parties: Raul Barajas, et al., Plaintiffs, v. City of Rohnert Park, et al., Defendants.

159 F.Supp.3d 1016

Raul Barajas, et al., Plaintiffs,

v.City of Rohnert Park, et al., Defendants.

Case No. 14-cv-05157-MEJ

United States District Court, N.D. California.

Signed February 5, 2016

Antonio Lavalle Ingram, II, Caitlin Sinclaire Blythe, Arturo J. Gonzalez, Morrison & Foerster LLP, San Francisco, CA, for Plaintiffs.

David Fernando Beach, Scott A. Lewis, Perry Johnson Anderson Miller & Moskowitz, LLP, Santa Rosa, CA, for Defendants.

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 26, 33

MARIA-ELENA JAMES, United States Magistrate Judge

INTRODUCTION

This case considers the Fourth Amendment privacy rights of co-inhabitants of probationers. Pending before the Court are the parties' cross motions for summary judgment. Defs.' Mot., Dkt. No. 26; Pls.' Mot., Dkt. No. 33. Having considered the parties' positions, relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Defendants' Motion and DENIES Plaintiffs' Motion as set forth below.

BACKGROUND¹

A. Factual Background

Plaintiffs Elva Barajas and Raul Barajas (“Plaintiffs”) are the mother and step-father of Edgar Horacio Perez. Defs.' Summ. of Undisputed Facts (“Defs.' SUF”) ¶ 1, Dkt. No. 40.² Plaintiffs lived with Perez, their adult daughter, and another son in Rohnert Park, California in November 2014. Id. ¶ 3. At that time, Perez was on three separate grants of probation, and each probation grant had the following search condition: “submit to warrantless search/seizure of residence any time day or reasonable hr. night by any Prob/Law Enforc. Off.” Pls.' Summ. of Undisputed Facts (“Pls.' SUF”) ¶ 10, Dkt. No. 54³ ; Defs.' SUF ¶ 4. Perez was on probation for pleas relating to resisting arrest (PC 148(a)(1) ), simple possession (HS 11550(a)), and possession of controlled substance (HS 11377(a)). Justice Decl., Ex. A, PDF Page Nos. 10, 19, 25, Dkt. No. 30; see also Defs.' SUF ¶ 2.

On November 4, 2014, at 4:52 p.m, three officers of the Rohnert Park Police Department, Defendants Jacy Tatum, David Rodriguez, and Matthew Snodgrass, went to Plaintiffs' home to conduct a suspicionless search of Perez's residence pursuant to his probation search conditions. Defs.' SUF ¶¶ 4, 6; Pls.' SUF ¶¶ 7, 9. There was no urgency or exigent circumstances to do the search on that day. Pls.' SUF ¶ 12.

Two officers, Rodriquez and Snodgrass, went to the front door and knocked, and Plaintiffs answered the door. Pls.' SUF ¶ 20; Defs.' SUF ¶ 7. Mr. Barajas testified he asked the officers to see “a letter that said that they could enter,” and an officer responded “they could come in whenever they wanted” because Perez was on probation. Lewis Decl., Ex. B (R. Barajas Dep.) 33:25-34:6, Dkt. No. 32-1. Officer Rodriquez testified he told Plaintiffs his name and that he was there to do a probation search, and “[Perez]'s father said, ‘I want to see your search warrant.’ ” Id. , Ex. D (Rodriquez Dep.) 44:3-8, 44:25-45-2, Dkt. No. 32-3. Officer Rodriquez testified that he explained to Mr. Barajas that did not have a search warrant, but Perez was on probation and he therefore did not need one. Id. 44:8-10. According to Officer Rodriquez, Mr. Barajas kept saying, “I want to read your search warrant, I want to see your paper.” Id. 44:12-17. Officer Snodgrass did not speak with Mr. Barajas when he answered the door but confirmed that Officer Rodriquez informed Mr. Barajas they were there to do a probation search and that there was a dialogue about a search warrant. Lewis Decl., Ex. E (Snodgrass Dep.) 34:21-35:8, Dkt. No. 32-3. Mr. Barajas also testified he told the officers Perez was not home. R. Barajas Dep. 34:7-11.

During this conversation, Officer Tatum went through the side gate and entered the Barajas home through a rear sliding door. Pls.' SUF ¶ 21; Defs.' SUF ¶ 9. He entered the Barajas' home with his gun drawn while the two other officers were still outside the front door, speaking with the family. Pls.' SUF ¶ 23. Officer Tatum testified he could hear officers Snodgrass and Rodriquez talking as he entered, and according to Officer Tatum, he announced “Police Department, probation search[.]” Lewis Decl., Ex. A (Tatum Dep.) 55:25-56:1, Dkt. No. 32-1. He testified he cleared the room for any people and then went into a dining area and the kitchen, making his way towards the front where he could hear talking. Id. 58:2-9. He also testified he could not see the other officers from the sliding door and described the voices as “[m]uffled. I could just hear voices talking.” Id. 58:10-16. Plaintiffs' daughter, Lorena Barajas, was present during the search and explained that while her father was speaking with the officers in the front, “very shortly (within 30 seconds) of my father opening the door, a third officer...came inside and was standing inside our home, behind us and essentially surrounding my father, my mother, and me.” L. Barajas Decl. ¶ 3, Dkt. No. 36. She stated he “did not knock and did not announce that he was entering[,]” and she was “surprised and startled to see him standing behind us, inside our home. It was very intimidating.” Id.

Lorena further explained that “[b]ecause the officer was already inside, I told my father to let the other two officers in.” Id. Mr. Barajas testified the officers in the front “waited for the other one to come in” and once they “saw that he was inside...they put on their gloves and they went inside.” R. Barajas Dep. 34:19-21, 36:9-16. Officer Snodgrass testified he saw officer Tatum inside “[a]t some point just prior to making entry” into Plaintiffs' home. Snodgrass Dep. 35:21-25; 37:1-7. Officer Rodriquez testified that Perez's sister told her father “something to the effect of...They don't need a paper, just let them in,” but also testified this was after Officer Tatum had already entered the home. Rodriquez Dep. 52:10-22. According to Defendants, Officers Rodriquez and Snodgrass “entered the home and searched the premises for Perez over the objection of Plaintiffs.” Defs.' SUF ¶ 10.

The officers then searched the bedrooms, closets, and the bathroom for Perez and did not find him. Tatum Dep. 75:20-21; Rodriquez Dep. 53:9-12; Defs.' SUF ¶ 11; Pls.' SUF ¶ 49. Officer Rodriquez testified he asked Perez's father and sister many times where he was and where his room was, but they never answered directly. Rodriquez Dep. 53:13-25. The entire incident, from arrival of the officers to their departure after the search, lasted 18 minutes. Defs.' SUF ¶ 6. No one was injured or assaulted or arrested. Id. ¶ 11.

Afterwards, the Barajas family went to the Rohnert Park Police Station to complain about the November 4, 2014, search of their home. Pls.' SUF ¶ 39. A sergeant told Officer Snodgrass the family had come to the police department to complain about the search of their home; Officer Snodgrass told the sergeant they did a probation search, and the sergeant did not ask him anything further about what had happened. Pls.' SUF ¶ 40. Officers Tatum and Snodgrass have not been given any guidance on what they might have done differently with respect to the search of the Barajas' home, and Officer Rodriguez has not been told he did anything incorrectly with respect to the search. Id. ¶¶ 41-42. Additionally, Officers Tatum and Snodgrass have not been told they violated policy or protocol in connection with their search. Id. ¶ 43.

After speaking with two Commanders at the Rohnert Park Police Department about the way he entered the Barajas home, Officer Tatum concluded they had no issue with the way he entered the home. Id. ¶ 46. Officer Snodgrass testified he did not report anything to his supervisors about officer Tatum's entry because having an officer enter through the back before officers enter through the front is the Rohnert Police Department's “practice. That's happened before.” Id. ¶ 28. Officer Tatum has entered through a rear door during probation searches 50-60 times before other officers have entered through the front door and testified this was consistent with his training. Id. ¶¶ 25-27. Sergeant Jeff Justice was designated as the 30(b)(6) witness for the City of Rohnert Park to testify regarding training and practices pertaining to probation searches and testified that he has trained officers in the city of Rohnert Park to conduct probation searches in this manner. Id. ¶¶ 30, 34. No additional training has been offered and nothing has changed (since the search of the Barajas' home) with respect to how the Rohnert Park Police Department conducts probation searches. Id. ¶ 45.

B. Procedural Background

Plaintiffs filed this action on November 21, 2014. Compl., Dkt. No. 1. In their Second Amended Complaint, they allege six causes of action: (1) violation of Plaintiffs' Fourth Amendment Rights pursuant to 42 U.S.C. § 1983 ; (2) violation of Section 13 of Article I of the California Constitution for unreasonable search and seizure; (3) negligence; (4) assault; (5) invasion of privacy under Section 1 of Article I of the California Constitution ; and (6) declaratory and injunctive relief. Second Am. Compl., Dkt. No. 16.

Plaintiffs and Defendants have filed cross motions for summary judgment. The Court held a hearing on the matters on October 15, 2015. Dkt. No. 57. Having carefully considered the evidence and briefing in this matter, the Court addresses the parties' arguments below.

LEGAL STANDARD

Summary judgment is proper where the pleadings, discovery and affidavits demonstrate that there is “no genuine dispute as to any material fact and [that] the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The party moving for summary judgment bears the initial burden of identifying those portions of the pleadings, discovery and affidavits that demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Material facts are those that may affect the outcome of the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106...