Los Angeles County v. Rettele

Deputies of the Los Angeles County Sheriff's Department obtained a warrant to search two homes for 3 African American suspects. Upon entering the home, they found two Caucasian people naked in bed and demanded they get out of the bed. The man and woman had to stand naked for 1 to 2 minutes during a search of the bed and room before being allowed to get dressed. The deputies did not know that the house had been sold to Max Rettele 3 months earlier. The residents brought suit under Rev S1979, 42 U.S.C., accusing the deputies and other parties of violating their Fourth Amendment right to be free from unreasonable searches and seizures.

A divided panel of the Court of Appeals reversed an unpublished opinion. The majority stated that because (1) no African-Americans lived in the home, (2) deputies did not conduct an ownership inquiry, (3) the African-American suspects were not accused of a crime that required an immediate search, and (4) the respondents were ordered naked out of bed and held at gun point, a reasonable jury could conclude the search was unnecessary and painful.

In this society it is not uncommon for people of different races to live together. In executing a search warrant, officers may take reasonable action to secure the premises. When officers execute a valid warrant and act in a reasonable manner to protect them selves from harm, the fourth Amendment is not violated. The judgment of the Court of Appeals was reversed.

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