People v. Doty

In People v. Doty (1985) 165 Cal.App.3d 1060, officers entered an auto wrecking yard looking for stolen vehicle parts and seized several stolen items. (Id. at p. 1063.) Doty held that when commercial premises are open to the public so as to allow the public to freely browse the premises, the police are equally entitled to enter and observe items in plain view during normal business hours. (Id. at p. 1067.) "What is observable by the general public at a commercial establishment is also observable by police officers without a warrant." (Id. at p. 1066.) Doty held the officers' entry and search at the wrecking yard was constitutional under the "open to the public" exception because: (1) the defendant's auto wrecking yard was open to the public for business; (2) the officers were there during regular business hours; (3) the gates were open; (4) the items seized were in the open, accessible to all; and (5) the officers did not search any areas where the public was excluded. (Id. at pp. 1067-1068.)