In September 2007, Deputy Rob Hansen issued multiple citations to a restaurant owner, Henry Morgan Smith, for violations of New Mexico’s Clean Indoor Air Act. Smith alleged that Hansen and other deputies violated his Fourth Amendment rights by entering his restaurant without a warrant and issuing citations. Smith filed a lawsuit against the Otero County Board of County Commissioners and the deputies. The court dismissed all claims, finding that the deputies acted within their authority and that Smith had no reasonable expectation of privacy in his restaurant during business hours.
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