Category Archives: Administrative search

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request [to Google]

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request by William Hays Weissman:

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ND: Firefighter reasonably removed rifle during early part of fire entry

Firefighters in the house removed a rifle for safekeeping and safety of the fireman early into the fire scene entry, and that was reasonable under Clifford. State v. Friesz, 2017 ND 177, 2017 N.D. LEXIS 164 (July 12, 2017). “Here, … Continue reading

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CA7: No qualified immunity for seizure of pft’s vehicles from his yard by code enforcement officers

The seizure of plaintiff’s vehicles off his property without an opportunity to defend against it was an unreasonable seizure. Defendants don’t get qualified immunity. There was no action in court for plaintiff to resort to, so Rooker-Feldman doesn’t apply. Hamilton … Continue reading

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WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people

WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people by Radley Balko

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CA9: Administrative stop of tractor-trailer was pretext for criminal investigation lacking RS; suppressed

Commercial vehicles are subject to administrative stops for compliance inspections without reasonable suspicion. When, however, the use of the stop is predicated on pretext for criminal investigation, the stop and its continuation require reasonable suspicion. Here, that was lacking, and … Continue reading

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M.D.Ala.: A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police was valid and led to RS then PC

A “level III inspection” of a tractor trailer by the Motor Carrier Safety Unit of the Alabama State Police led to looking at the load and seeing that something was wrong, and that led to finding marijuana. The stop and … Continue reading

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W.D.N.Y.: Bringing federal officers along on a cigarette tax search was not unreasonable; no duty to clean up after an otherwise reasonable search

(1) Under New York state law, cigarette retailers are pervasively regulated. Here, NY tax officials were checking on tax stamps. (2) While officers seemed to think they had authority to search defendant’s purse under the administrative search doctrine, they didn’t. … Continue reading

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VT: Entry into respondent’s land to investigate open fire was reasonable

Respondent was burning something on his open land without a burn permit. Firefighters were called, and they observed from the road that the color of the smoke indicated something other than natural wood was being burned. From their view, however, … Continue reading

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N.D.Ga.: OSHA admin warrant request too expansive and quashed

The OSHA administrative inspection warrant was improvidently granted. It was based on a complaint arising from an employee injury, and probable cause in the administrative sense is different than criminal probable cause. Here, it wasn’t reasonable to expand the administrative … Continue reading

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E.D.Wis.: Rental unit inspection ordinance not violation of 4A where 21 day notice given

In a rental unit inspection ordinance case, the court declines to grant a preliminary injunction. The tenants have rights, of course, but state law permits the landlord to conduct inspections on his or her own and, most importantly, there is … Continue reading

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