Category Archives: Administrative search

CA5: 1836 US-Morocco Treaty of Peace and Friendship as applied to courthouse metal detector not “clearly established law”

Plaintiffs are Moorish-Americans who, on the way to file papers with the clerk, refused to go through the metal detector at the Caddo Parish Courthouse. Entrance was denied. They refused to leave and were then arrested for trespass. They sued … Continue reading

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techdirt: Investigation: Child Protective Services Agencies Nearly Always Blow Off Warrant Requirements To Enter Homes

techdirt: Investigation: Child Protective Services Agencies Nearly Always Blow Off Warrant Requirements To Enter Homes by Tim Cushing:

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CA7: Finality and administrative subpoenas v. administrative SWs

After enforcement of an administrative subpoena, there may be a final order. After an execution of an administrative warrant, however, there usually isn’t because there are processes left with the agency and in court. In re Establishment Inspection of Anthony … Continue reading

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ProPublica/NBC News: Police Need Warrants to Search Homes. Child Welfare Agents Almost Never Get One.

ProPublica/NBC News: Police Need Warrants to Search Homes. Child Welfare Agents Almost Never Get One. by Eli Harper (“Each year, child protective services agencies inspect the homes of roughly 3.5 million children, opening refrigerators and closets without a warrant. Only … Continue reading

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E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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CA11: § 1983 suit that only claimed violations of state law did not state 4A claim

Plaintiff’s § 1983 suit that only claimed violations of state law did not state a Fourth Amendment claim. Lyons v. City of Abbeville, Ala., 2022 U.S. App. LEXIS 24110 (11th Cir. Aug. 26, 2022). Defendant does not get return of … Continue reading

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IL: Requirement of some testing of fire sprinkler system doesn’t require a search

A condominium association installed a newer fire protection system, and it was subject to annual testing. The ordinance only required it be tested by somebody, and who would likely be a contractor. It did not compel a search under the … Continue reading

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MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

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RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

Commercial fishing is a closely regulated industry. “Appellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.” … Continue reading

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E.D.Ark.: City’s court order made clean up and removal of ptf’s property reasonable

Plaintiff was told for years to clean up his property from unsightly construction materials and equipment. After many failed efforts to get him to do so, the city obtained a court order to remove the property. It removed nine trailerloads … Continue reading

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E.D.La.: Fishing is a heavily regulated industry, and GPS tracking of vessels and reporting of catches is reasonable under Burger

The fishing industry is heavy regulated and has been by Congres since 1793. The government’s requirement of GPS tracking on vessels and reporting of the catch each day for charter fishermen is reasonable and constitutional under Burger v. New York. … Continue reading

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OR: Questioning motorist about tattoos unreasonably extended stop

A question to a motorist about tattoos during a stop because they might have been prison tattoos wasn’t shown to be related to officer safety and was thus unreasonable. “Here, the circuitous, propensity-based inquiry about defendant’s incarceration history was predicated … Continue reading

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E.D.N.Y.: No REP in pawnshop records uploaded to pawnshop detail

There is no reasonable expectation of privacy in pawnshop records uploaded for the NYPD pawnshop detail. (Therefore, in the trial of this case, attacking the datamining of the NYPD for information is more prejudicial than relevant under F.R.E. 403.) Gem … Continue reading

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E.D.N.C.: Police entry into a commercial gym with an unauthorized keycard violated the owner’s REP

Plaintiff operated a gym entered by the police for an administrative search during Covid when it should have been temporarily closed under a state executive order. They accessed it with a keycard from the prior owner who sold it years … Continue reading

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CA1: Third-party doctrine applies to prescription drug monitoring program

This is an action to enforce a DEA administrative subpoena to the New Hampshire Prescription Drug Monitoring Program for specific prescriptions. The court declines to equate prescription records with other medical records because the pharmacy industry is closely regulated. It … Continue reading

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CA3: Def’s not showing himself for 5-6 minutes when police entered on an arrest warrant justified protective sweep

Police executed an arrest warrant at defendant’s house. It took him 5-6 minutes to show himself, coming from the basement. A protective sweep of the basement was reasonable, and firearms were found in plain view down there. A search warrant … Continue reading

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MS: Open fields covered by state const.; warrant required for administrative search

A warrant is required for administrative searches under the Mississippi constitution, which also protects all land owned by the complainant, including open fields. Plain view is inapplicable here. The exclusionary rule applies to this administrative search and seizure. Okhuysen v. … Continue reading

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PA: PC needed for a child protection home inspection

The Department of Human Services needs probable cause for a child protection home inspection. In re Y.W.-B., 2021 Pa. LEXIS 4353 (Dec. 23, 2021):

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D.D.C.: CI’s single controlled buy off def was PC

A single controlled buy from defendant’s home is probable cause without additional corroboration. Moreover, the CI had worked for MPD for a decade. United States v. Hill, 2021 U.S. Dist. LEXIS 238824 (D.D.C. Dec. 14, 2021). The fire department responded … Continue reading

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CA3: Coast Guard needs only RS to board a vessel to inspect the Oil Record Book about pollution

The Coast Guard had the authority under 14 U.S.C. § 522(a) to conduct a pollution inspection of defendant’s vessel and look at the Oil Record Book. “The Coast Guard’s preliminary examination of the Oil Record Book and Oily Water Separator … Continue reading

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