At page 899 Limiting searches of persons entering sensitive facilities23 citing casessearch must be no more intrusive than necessary to be reasonably effective
- Untitled California Attorney Gen. Opinion, No. 92-201 (Cal. Att'y Gen. Oct. 6, 1992).published “a magnetometer is a relatively inoffensive method of conducting a search, and it is less restrictive than alternative methods.”
- People v. Long, 2025 IL App (2d) 240237, 269 N.E.3d 770.publishedThe Day court even clarified that special needs searches were “ ‘limited searches at sensitive facilities.’ ” (Emphasis added.) Id. at 419 (quoting McMorris v. Alioto, 567 F.2d 897, 899 (9th Cir. 1978).
- Joseph William Russell v. The State of Wyoming, 2024 WY 126, 559 P.3d 597.published (limited searches of persons seeking to enter sensitive facilities [fall within] an exception to the general requirement of the fourth amendment that searches are proper only if conducted pursuant to a lawful warrant” (…)
- Andre Verdun v. City of San Diego, 51 F.4th 1033 (9th Cir. 2022).published“[c]are must be taken so that the exception is not unduly extended”
- Tina Cates v. Bruce Stroud, 976 F.3d 972 (9th Cir. 2020).published Id. at 900-01.
- Stroud v. Gore, No. 3:18-cv-00515-JLS-MDD (S.D. Cal. Aug. 5, 2020).McMorris v. Alioto, 567 F.2d 897, 899 (9th 26 Cir. 1978). 27 Assuming that the administrative search exception applies, the Court concludes that 28 Plaintiff adequately alleges an unreasonable search of his person, belongings, and vehicle.…
- Day v. The State., 829 S.E.2d 418 (Ga. Ct. App. 2019).published (city hall and courthouse)
- Commonwealth v. Carkhuff, 804 N.E.2d 317 (Mass. 2004).published For the following reasons, we conclude that this seizure fails to comport with the requirements set forth in those cases. 3 Such screening searches, referred to in some cases as “administrative searches,” 4 must be conducted as part of a s…
- Norwood v. Bain, No. 96-2164 (4th Cir. July 9, 1998).published (search must be no more intrusive than necessary to be reasonably effective)
- Norwood v. Bain, 143 F.3d 843 (4th Cir. 1998).published (search must be no more intrusive than necessary to be reasonably effective)
Show 12 more citing cases
- Untitled California Attorney Gen. Opinion, No. 97-106 (Cal. Att'y Gen. July 21, 1997).published (See McMorris v. Alioto, supra, 567 F.2d at 899-901.) On the other hand, it would clearly be unreasonable for the presiding judges to prohibit persons from carrying firearms anywhere within five miles of the criminal justice facility if th…
- Estes v. Rowland, 14 Cal. App. 4th 508 (Cal. Ct. App. 1993).publishedThe Court’s Decision In determining whether the searches qualified as valid administrative searches the court analyzed whether they met the requirements of McMorris v. Alioto (9th Cir. 1978) 567 F.2d 897, 899 [ 53 A.L.R.
- Bill Wilkinson & James Farrands v. Lester Forst, Donald Long, Austin McGuigan & the City of Meriden, 832 F.2d 1330 (2d Cir. 1987).publishedSee e.g., United States v. Edwards, 498 F.2d 496, 500 (2d Cir.1974) (airport search); United States v. Albarado, 495 F.2d 799, 806 (2d Cir.1974) (airport search); McMorris v. Alioto, 567 F.2d 897, 899-900 (9th Cir.1978) (courthouse search)…
- Davis v. United States, 532 A.2d 656 (D.C. 1987).publishedIn McMorris v. Alioto, 567 F.2d 897, 899 (9th Cir.1978), the court stat *661 ed that “[t]he search must be clearly necessary to secure a vital governmental interest, such as protecting sensitive facilities from a real danger of violence.”…
- Just. v. Elrod, 649 F. Supp. 30 (N.D. Ill. 1986).publishedMcMorris, 567 F.2d at 899-900 (citations omitted) speaks to the identical issue in terms directly applicable here: The initial inquiry is whether a vital state interest justified the use of some search procedure at the San Francisco Hall o…
- United States of Am., & v. Lindsay Martell, & United States of Am., & v. Joseph Minneci, &, 654 F.2d 1356 (9th Cir. 1981).published These cases are indeed exceptions, but they represent responses to relatively unique circumstances."); Wyman v. James, 400 U.S. 309, 317 , 91 S.Ct. 381, 385 , 27 L.Ed.2d 408 (home visit required for AFDC eligibility not a search); United S…
- Commonwealth v. Harris, 421 N.E.2d 447 (Mass. 1981).published McMorris v. Alioto, 567 F.2d 897, 899 (9th Cir. 1978).
- Richard Henry v. Everett I. Perrin, Etc., 609 F.2d 1010 (1st Cir. 1979).publishedIn each of these cases it was clear that there was no reading, Barrett, supra, 331 F.Supp. at 270 , or examination of attorney’s papers, Downing, supra, 454 F.2d at 1232; McMorris, supra, 567 F.2d at 899.
- United States v. Graham, 117 F. Supp. 2d 1015 (W.D. Wash. 2000).publishedSee McMorris v. Alioto, 567 F.2d 897, 899-901 (9th Cir.1978) (Kennedy, J.) (courthouse searches); United States v. Davis, 482 F.2d 893, 913 (9th Cir.1973) (airport searches).
- Joseph H. Norwood, Individually & as Rep. of a Class of Citizens v. W.C. Bain, Jr., Individually & in His Off. Capacity as Dir. of Pub. Saf. for the City of Spartanburg Police Dep't City of Spartanburg, Joseph H. Norwood, Individually & as Rep. of a Class of Citizens v. W.C. Bain, Jr., Individually & in His Off. Capacity as Dir. of Pub. Saf. for the City of Spartanburg Police Dep't City of Spartanburg, 143 F.3d 843 (4th Cir. 1998).published (search must be no more intrusive than necessary to be reasonably effective)
- Rhode Island Def. Attorneys Ass'n v. Dodd, 463 A.2d 1370 (R.I. 1983).published Accord McMorris v. Alioto, 567 F.2d 897, 899-900 (9th Cir.1978); Commonwealth v. Harris, 383 Mass, at -, 421 N.E.2d at 448 .
- Stroud v. Gore, No. 3:18-cv-00515-JLS-MDD (S.D. Cal. Aug. 16, 2019).Id.; see also 27 McMorris v. Alioto, 567 F.2d 897, 899 (9th Cir. 1978).
At page 900 Legitimacy of security searches in public buildings17 citing casesupholding similar search of general public at courthouse entry
- Untitled California Attorney Gen. Opinion, No. 92-201 (Cal. Att'y Gen. Oct. 6, 1992).published See, e.g., McMorris v. Alioto (9th Cir. 1978) 567 F.2d 897 , 900 ("A magnetometer is a relatively inoffensive method of conducting a search, and it is less restrictive than alternative methods."); Epperson, 454 F.2d at 771 (noting minimal…
- Hamilton (ID 131711) v. Unified Gov't of Kansas City, Kansas, No. 5:25-cv-03125 (D. Kan. Aug. 25, 2025).“real dangers posed by threats of violence”
- Joseph William Russell v. The State of Wyoming, 2024 WY 126, 559 P.3d 597.published See, e.g., Klarfeld v. United States, 944 F.2d 583, 586 (9th Cir. 1991) (taking judicial notice of threats of violence directed at courthouses and concluding that courthouse searches fall within the administrative search exception to the w…
- Tina Cates v. Bruce Stroud, 976 F.3d 972 (9th Cir. 2020).published Id. at 900-01.
- Jacquelynn Nickler v. Cnty. of Clark, 648 F. App'x 601 (9th Cir. 2016).unpublished(upholding similar search of general public at courthouse entry)
- Bull v. City & Cnty. of San Francisco, 595 F.3d 964 (9th Cir. 2010).publishedWe’ve known for some time that everyone who boards a commercial airplane may be subject to a fairly intrusive search, United States v. Edwards, 498 F.2d 496, 500 (2d Cir.1974) (Friendly, J.), as may everyone who enters a public building, M…
- Legal Aid Soc. of Orange Cnty. v. Crosson, 784 F. Supp. 1127 (S.D.N.Y. 1992).published “a relatively inoffensive method of conducting a search ... less intrusive than alternative methods”
- United States v. Patrick G. Henry, 615 F.2d 1223 (9th Cir. 1980).published McMorris v. Alioto, 567 F.2d 897, 900 (9th Cir. 1978).
- United States v. Daniel Kuualoha Aukai, 440 F.3d 1168 (9th Cir. 2006).publishedDavis, 482 F.2d at 913 (emphasis added); accord Henry, 615 F.2d at 1228 (9th Cir.1980) ("We have interpreted Davis to require that the search be reasonable and that there be 'implied consent' by the person to be searched.”) (citing McMorri…
- United States v. Aukai, No. 04-10226 (9th Cir. Mar. 16, 2006).publishedDavis, 482 F.2d at 913 (emphasis added); accord Henry, 615 F.2d at 1228 (9th Cir. 1980) (“We have interpreted Davis to require that the search be reasonable and that there be ‘implied consent’ by the person to be searched.”) (citing McMorr…
Show 4 more citing cases
- Gibson v. State, 921 S.W.2d 747 (Tex. App.—El Paso 1996).published See McMorris, 567 F.2d at 897 .
- McGann v. Ne. Illinois Reg'l Commuter R.R., 8 F.3d 1174 (7th Cir. 1993).published See McMorris v. Alioto, 567 F.2d 897, 900-01 (9th Cir.1978) (Kennedy, J.) (courthouse search).
- Teresa Linehan, Patricia Linehan, & John G. Linehan v. Cornelius Keefe, Frank Grossman, & Edward Fox, 99 F.3d 401 (2d Cir. 1995).unpublishedSee, e.g., McMorris v. Alioto, 567 F.2d 897, 900-01 (9th Cir.1978).
- S. Myron Klarfeld v. United States of Am. United States Dist. Court United States Marshal, 962 F.2d 866 (9th Cir. 1992).published
At page 901 Consent to limited regulatory searches at courthouses12 citing casesupholding search upon entry to state courthouse
- Untitled California Attorney Gen. Opinion, No. 92-201 (Cal. Att'y Gen. Oct. 6, 1992).published See, e.g., McMorris v. Alioto (9th Cir. 1978) 567 F.2d 897 , 900 ("A magnetometer is a relatively inoffensive method of conducting a search, and it is less restrictive than alternative methods."); Epperson, 454 F.2d at 771 (noting minimal…
- Day v. The State., 829 S.E.2d 418 (Ga. Ct. App. 2019).published See United States v. Prevo , 435 F.3d 1343 , 1345-1349 (11th Cir. 2006) (work release center/detention facility); McMorris , 567 F.2d at 899 (city hall and courthouse); *420 McSweeney v. State , 183 Ga. App. 1 , 2-3 (1), 358 S.E.2d 465 (19…
- Dickerson Ex Rel. Davison v. Napolitano, 604 F.3d 732 (2d Cir. 2010).published(upholding search upon entry to state courthouse)
- Commonwealth v. Carkhuff, 804 N.E.2d 317 (Mass. 2004).published For the following reasons, we conclude that this seizure fails to comport with the requirements set forth in those cases. 3 Such screening searches, referred to in some cases as “administrative searches,” 4 must be conducted as part of a s…
- Poulos v. Pfizer, Inc., 711 A.2d 688 (Conn. 1998).published(attorney’s consent to courthouse search; search was price of entering to discharge duties as attorney)
- Fowler v. New York City Dep't of Sanitation, 704 F. Supp. 1264 (S.D.N.Y. 1989).publishedSee Zap v. United States, 328 U.S. 624, 628 , 66 S.Ct. 1277, 1279 , 90 L.Ed.2d 1477 (1946) (court found voluntary consent although the only way to attain government business was to submit to a search), judgment vacated on unrelated issues,…
- Commonwealth v. McGeoghegan, 449 N.E.2d 349 (Mass. 1983).published Although elements of coercion were inherent in the situation, the element of voluntariness reduced the intrusiveness of the procedure." We recognized the search as being consensual in the same way as in the airport search cases, citing McM…
- Commonwealth v. Harris, 421 N.E.2d 447 (Mass. 1981).published McMorris v. Alioto, 567 F.2d 897, 899 (9th Cir. 1978).
- United States v. Patrick G. Henry, 615 F.2d 1223 (9th Cir. 1980).published McMorris v. Alioto, 567 F.2d 897, 900 (9th Cir. 1978).
- Evans, No. 2:25-cv-12682 (E.D. Mich. Oct. 22, 2025).(holding that a pat-down search is a reasonable condition under the Fourth Amendment for gaining admittance to a state courthouse)
Show 2 more citing cases
- Gibson v. State, 921 S.W.2d 747 (Tex. App.—El Paso 1996).published See McMorris, 567 F.2d at 897 .
- Wilkinson v. Forst, 639 F. Supp. 518 (D. Conn. 1986).published
purely administrative search in public buildings
- United States v. Thomas Cameron Kincade, 345 F.3d 1095 (9th Cir. 2003).published (purely administrative search in public buildings)
- United States v. Raphyal Crawford, 323 F.3d 700 (9th Cir. 2003).published (purely administrative search in public buildings)
At page 898 limited search conducted as a condition of entering a state courthouse" held not to be violation of Fourth Amendment1 citing case
- Roundtree v. City of New York, 778 F. Supp. 614 (E.D.N.Y. 1991).published(limited search conducted as a condition of entering a state courthouse" held not to be violation of Fourth Amendment)
Other citing cases
- Minich v. Cnty. of Jefferson, 919 A.2d 356 (Pa. Commw. Ct. 2007).published
- Commonwealth, Dep't of Gen. Servs. v. Fraternal Order of Police, Lodge 85, 903 A.2d 84 (Pa. Commw. Ct. 2006).published
- UNITED STATES of Am., Plaintiff-Appellant, v. Sheri Lynn BULACAN, Defendant-Appellee, 156 F.3d 963 (9th Cir. 1998).published
- State v. Rexroat, 966 P.2d 666 (Kan. 1998).published
- John C. Just. v. Richard Elrod, Sheriff of Cook Cnty., Illinois, & Harry G. Comerford, Chief Judge of the Circuit Court of Cook Cnty., 832 F.2d 1048 (7th Cir. 1987).published
- United States v. Harris, 5 M.J. 44 (1978).published
- Opinion No. (1997) (Cal. Att'y Gen. 1997).published
v.
Joseph L. ALIOTO, Mayor of the City and County of San Francisco, Donald Scott, Chief of Police of the City and County of San Francisco, Washington Garner, Chairman of the Police Commission of the City and County of San Francisco, Marvin Cardoza, Police Commissioner of the City and County of San Francisco
The sole issue in this ease is whether a limited search conducted as a condition of entering a state courthouse is consistent with the constitutional prohibition against unreasonable searches and seizures.
S. Carter McMorris, a member of the State Bar of California, brought an action in the federal district court pursuant to 42 U.S.C. § 1983 seeking damages and declara[*899]tory and injunctive relief. McMorris alleged that inspection procedures at the San Francisco Hall of Justice deprived him of his fourth and fourteenth amendment right to be free from unreasonable searches and seizures. The district court granted summary judgment in favor of the defendants. McMorris appeals. Because we believe that the search procedures did not infringe McMorris’ constitutional rights, we affirm.
The Hall of Justice in San Francisco is a seven-story building. It contains the central offices of the police department of the City and County of San Francisco, including the police administration offices, the bureau of inspectors, the crime laboratory, and the police communications center. Also located in the building are the offices of the county district attorney and the public defender. Finally, the building is the site of the chambers and courtrooms for the criminal divisions of the superior and municipal courts for the County of San Francisco.
In May, 1974, a San Francisco superior court judge ordered that certain search procedures be instituted at the entrance of the Hall of Justice. The inspections were conducted by city employees, under the supervision of a San Francisco police captain. All persons entering the building, other than Hall of Justice employees and peace officers, were required to pass through a magnetometer (metal detector). A visitor who activated the device was free to leave the Hall of Justice without further search and without questioning. We infer from the record that if an individual activated the magnetometer, he could empty his pockets of metals and pass through a second time. If, after this second pass, the individual continued to activate the device, he would not be admitted into the courthouse unless he submitted to a pat-down search. It is explicit in the record that pat-down searches were conducted only if the visitor first gave express consent. Officers would also inspect briefcases and parcels, but were specifically instructed not to examine written material. The officers were further directed to inspect only those briefcases and parcels in which weapons could be concealed.
Those cases that sustained limited searches of persons seeking to enter sensitive facilities recognize an exception to the general requirement of the fourth amendment that searches are proper only if conducted pursuant to a lawful warrant. United States v. Davis, 482 F.2d 893 (9th Cir. 1973); Downing v. Kunzig, 454 F.2d 1230 (6th Cir. 1972). Care must be taken so that the exception is not unduly extended. Decisions of this court, sensitive to such concerns, have given strict scrutiny to any system used to screen persons entering a public place. The search must be clearly necessary to secure a vital governmental interest, such as protecting sensitive facilities from a real danger of violence. United States v. Davis, supra; United States v. Miles, 480 F.2d 1217 (9th Cir. 1973); cf. Collier v. Miller, 414 F.Supp. 1357 (S.D.Tex. 1976) (search for alcoholic beverages at college stadium). The search must be limited and no more intrusive than necessary to protect against the danger to be avoided, but nevertheless reasonably effective to discover the materials sought. The inspection must be conducted for a purpose other than the gathering of evidence for criminal prosecutions. To indicate this, we have designated limited searches at sensitive facilities as “administrative searches.” United States v. Davis, 482 F.2d at 908. With these general principles in mind, we turn to a discussion of the instant case.[1]
The initial inquiry is whether a vital state interest justified the use of some search procedure at the San Francisco Hall of Justice. Both this court and the district court may take judicial notice that threats of violent acts directed at courthouses have given rise to an urgent need for protective measures. See Downing v. Kunzig, 454 F.2d 1230 (6th Cir. 1972), cited with approval in United States v. Miles, 480 F.2d at[*900] 1219. In some cases judicially noted facts may be sufficient by themselves to justify a finding that a vital state interest establishes the necessity for a regulatory search. In any event, the need for the search is established in this case, both by facts judicially noted and by specific averments in the record.
The record contains references to specific instances of bomb threats and bomb attacks directed at San Francisco police stations, Oakland police stations, and the Los Ange-les federal building. The record also refers to a violent incident that occurred at a state courthouse in neighboring Marin County in 1970. During that incident, terrorists kidnapped three jurors and a state prosecutor and killed a superior court judge. These facts lend substantial support to the conclusion that the threat of violence at the San Francisco Hall of Justice at the time the complaint was filed justified a limited search procedure.[2]
Our finding that a serious threat of violence existed at the Hall of Justice is also supported by affidavits filed with the district court by the superior court judge who ordered that the search procedures be established. In those affidavits, the judge recited the facts on which he relied in issuing his order. His first affidavit stated that before the search procedures were used, persons attempting to enter the spectators’ section of his courtroom had been found with weapons and conforming ammunition on their persons. In a supplemental affidavit, the judge advised the district court of a particular bomb threat directed at the Hall of Justice.
These facts demonstrate a sufficient basis for instituting the challenged search procedure. The serenity of the court of appeals is not so debilitating that we fail to appreciate the real dangers posed by threats of violence directed at other courthouses and government facilities.
We are also satisfied that the search procedures in this case were intended to deter violence directed at the Hall of Justice, and not to accomplish some ulterior or improper objective. The record is devoid of any indication that the search was a mere subterfuge designed to gather evidence to be used in criminal prosecutions. The officers who conducted the search were specifically instructed to limit their inspection to the detection of weapons and to avoid conducting any further search of persons or property.
The methods of effecting the limited searches were reasonable. Our description of the techniques used makes it apparent that they met the requirements mandated by the fourth amendment. A magnetometer is a relatively inoffensive method of conducting a search, and it is less intrusive than alternative methods. The limited search for weapons that might be contained in briefcases or parcels was an additional procedure necessary to ensure fully the effectiveness of the inspection and was conducted in the least intrusive manner possible. The procedures used were therefore appropriate in this case.
Even where the necessity of a limited regulatory search has been established and the manner of conducting the search has been found reasonable, we have sustained such searches only where persons subject to the search have given what we have termed “implied consent.” United States v. Davis, 482 F.2d 893, 913 (9th Cir. 1973); see United States v. Homburg, 546 F.2d 1350, 1352 (9th Cir. 1976). In this case, McMorris insists that he did not consent to the searches at the Hall of Justice: He seeks a declaration that the procedures are unlawful. He attempts to distinguish cases upholding analogous searches at airline terminals on the ground of consent by pointing out that in this case, he is either compelled to submit to the search at the Hall of Justice or required to forego the practice of law and risk being found in contempt of court for failing to appear at those proceedings in which he is attorney of record.
[*901] We acknowledge that persons entering the Hall of Justice do not consent to the search in the full and generally accepted meaning of that term. Nor do we doubt that their consent in these circumstances would be insufficient to constitute the voluntary consent, frequently motivated by a desire to cooperate with law enforcement officials, necessary to validate a warrant-less, full-scale search for evidence of a crime. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Nevertheless, the limited regulatory search challenged here is performed only after the individual seeking to enter the courthouse has consented, as that term is used in our previous decisions upholding limited searches. United States v. Davis, supra; United States v. Homburg, supra. Persons entering the Hall of Justice are not physically coerced to submit to the magnetometer search or the briefcase and parcel inspection. They may leave the premises at any time, even after activating the magnetometer. They are apparently given more than one opportunity to pass through the magnetometer. Finally, even after activating the device, a person may not be subjected to a pat-down search unless he fully and voluntarily agrees to it. He is under no compulsion to submit.[3]
The requirement that a person give this qualified consent to the search strictly circumscribes the state’s authority and validates the limited intrusion at issue here. Air travel, for many persons today, is all but a necessity. Nevertheless, we have held that passengers must consent to a limited magnetometer search before boarding an airplane. The situation here is not significantly different. Although an attorney’s consent to a search is exacted as the price of entering the courthouse to discharge duties necessary to his profession, the search is nevertheless consensual in the same way as in the airport search cases. The regulatory search in this case was therefore consistent with fourth amendment principles as delineated by previous opinions of the court.
The judgment of the district court is AFFIRMED.
A search directed at persons entering a government facility from which the public is generally excluded may involve considerations wholly different from those expressed here. Cf. Adderley v. Florida, 385 U.S. 39, 41-42, 87 S.Ct. 242, 17 L.Ed.2d 149 (1966) (jail).
As further support for our conclusion, we note that the General Services Administration has authorized regulatory search procedures at federal office facilities. See 41 C.F.R. § 101— 20.312 (1976).
However, there may be instances where an individual’s behavior may be such that authorities have reason to conduct the type of pat-down search permitted by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). See United States v. Homburg, 546 F.2d 1350, 1352 (9th Cir. 1976).