Category Archives: Administrative search

CT Tax & Admin.: Order to DoC employees to search their cell phones for public records was excessive

An agency order to employees to search their personal cell phones for copies of public records is in excess of agency authority. Comm’r of the Dep’t of Corr. v. Freedom of Info. Comm’n, 2020 Conn. Super. LEXIS 1004 (Tax & … Continue reading

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D.N.H.: State liquor agents’ entry into public areas of licensee was reasonable as under administrative authority

NH state liquor agents didn’t violate the Fourth Amendment by entering public space of a regulated establishment to issue verbal warnings. The state supreme court has already held that liquor licensees were highly regulated businesses. E. Coast Serv. Indus. Co. … Continue reading

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CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable

An EPA subpoena to determine whether this mine could pay for the cost of a cleanup was within the agency’s jurisdiction and valid and did not violate the Fourth Amendment. United States v. United Park City Mines Co., 2020 U.S. … Continue reading

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CA4: Administrative search by nonregulatory officer invoking regulatory processes was unreasonable

A stop of a regulated truck for a regulatory inspection by an nonregulatory officer was unreasonable under the administrative search doctrine. Otherwise, it upends the Burger scheme. United States v. Feliciana, 2020 U.S. App. LEXIS 28881 (4th Cir. Sept. 11, … Continue reading

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CA9: Motel operator in Los Angeles fails to state Patel claim

Plaintiff’s second amended complaint didn’t state a City of Los Angeles v. Patel claim. “The SAC’s allegation that the Motel’s registration records were searched pursuant to a CUP condition that was imposed by a vote of the City Council provides … Continue reading

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CA9: Bringing police with criminal investigative motive to execute admin. warrant was unreasonable

An administrative inspection warrant is based on a programmatic probable cause standard, and not probable cause to believe that a crime occurred. Using the Los Angeles County Sheriff’s Office to help do a City of Lancaster administrative entry and search … Continue reading

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CA1: Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress

Drunk underage partiers puking outside and going back in justified a community caretaking entry to see if anyone was in distress. Castagna v. Jean, 2020 U.S. App. LEXIS 11357 (1st Cir. Apr. 10, 2020). The use of an administrative warrant … Continue reading

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CA10: Criminal history checks may be run in any stop under Rodriguez

Criminal history checks are reasonable under any traffic stop because they negligibly extend the stop. This court held that en banc in 2001 in a case relied upon in Rodriguez. Other circuits are in accord. United States v. Mayville, 2020 … Continue reading

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Quarantines and the Fourth Amendment

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.   Protection from infectious diseases … Continue reading

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CA9: Facial challenge to housing inspection ordinance fails because there is an administrative warrant provision

Plaintiffs’ facial challenge to Los Angeles’ housing inspection ordinance fails because it isn’t unconstitutional in all applications. An administrative warrant provision is provided for. Garris v. City of Los Angeles, 2020 U.S. App. LEXIS 8361 (9th Cir. Mar. 17, 2020). … Continue reading

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ID: Dep. of Environmental Quality didn’t violate any REP by entering where it’s open to the public

The state Department of Environmental Quality inspectors did not violate respondent’s reasonable expectation of privacy by entering. His property was open “24/7” to the public. Idaho Dep’t of Envtl. Quality v. Gibson, 2020 Ida. LEXIS 48 (Mar. 11, 2020):

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Cal.4: SDT for financial records in a pollution investigation to properly assess penalty was reasonable

The state’s subpoena for records in a pollution investigation were statutorily based, within the agency’s jurisdiction, and reasonable in scope. Here, the records were financial, and it was for imposing a reasonable penalty. The subpoena also did not violate a … Continue reading

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IL: Truck inspection search was with RS from suspect log book and wrong seal and locks on cargo door

The truck inspection officer here had reasonable suspicion because the log book looked like it was false, there was an unnecessary private seal on the trailer, and the lock was on the wrong door meaning the load wasn’t protected. Two … Continue reading

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Cal.5th (concurring): Are routine administrative searches with guns on hip and bulletproof vests always reasonable?

Officers showed up for an OSHA inspection armed and wearing bulletproof vests and insisted upon the inspection starting without giving the company representative a chance to even think about it. The concurring judge finds this excessive in a free society, … Continue reading

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Reason: Contempt for Renters Leads to Second-Class Search and Seizure Protections

Reason: Contempt for Renters Leads to Second-Class Search and Seizure Protections by J.D. Tuccille (“Signing a lease instead of a deed shouldn’t erase your right to be free of government home invasions.”):

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D.C.Cir.: Dewey and Mine Safety Act provide for no precompliance warning or review before inspection

The petitioner here was a contractor working at a mine, and a mine safety inspector looked at equipment and cited the contractor a $116 fine. The ALJ denied relief, and, on a petition for review of the fine, the court … Continue reading

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