Category Archives: Administrative search

TX2: No REP in pawned property

Defendant pawned property that wasn’t his. The police went and picked it up within the period he could have redeemed. There was no reasonable expectation of privacy in bailed property at a pawnshop. Moreover, pawnshops are highly regulated businesses where … Continue reading

Posted in Administrative search, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on TX2: No REP in pawned property

CA6: Parking enforcement chalking not a valid administrative search but QI immunity applies

“The City of Saginaw routinely chalked car tires to enforce its parking regulations. In our prior opinion, we held that doing so is a search for Fourth Amendment purposes, and that ‘based on the pleadings stage of this litigation, … … Continue reading

Posted in Administrative search, Qualified immunity | Comments Off on CA6: Parking enforcement chalking not a valid administrative search but QI immunity applies

N.D.Ill.: No federal right to challenge administrative SW before execution

“[F]ederal decisions outside this circuit do not change the Court’s conclusion that Anthony Marano has no pre-execution right to judicial review of the administrative inspection warrant.” In re Establishment Inspection of Anthony Marano Co., 2021 U.S. Dist. LEXIS 157819 (N.D.Ill. … Continue reading

Posted in Administrative search, Reasonable suspicion | Comments Off on N.D.Ill.: No federal right to challenge administrative SW before execution

D.N.M.: Truck inspection stop valid admin search under Burger

The New Mexico regulatory scheme for truck inspections has already been held to satisfy Burger. Stopping defendants’ truck for inspection at an inspection station was reasonable under that standard. On opening the trailer to compare to the bills of lading, … Continue reading

Posted in Administrative search, Cell phones, Privileges | Comments Off on D.N.M.: Truck inspection stop valid admin search under Burger

CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout, 2021 Conn. … Continue reading

Posted in Administrative search, Probation / Parole search, Stop and frisk | Comments Off on CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth

Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth by Niara Savage (“A Black Los Angeles couple says officers stormed their … Continue reading

Posted in Administrative search, Arrest or entry on arrest | Comments Off on Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth

CA9: Massage parlor “closely regulated business” under CA law

A massage parlor is a closely regulated business under New York v. Burger, and it has been for 40 years. The operators thus had no reasonable expectation of privacy against inspections. Killgore v. City of S. El Monte, 2021 U.S. … Continue reading

Posted in Administrative search, Reasonable expectation of privacy | Comments Off on CA9: Massage parlor “closely regulated business” under CA law

N.D.Ga.: No constitutional right to pre-enforcement challenge to an OSHA administrative warrant

There is no constitutional right to pre-enforcement challenge to an OSHA administrative warrant. “FFG contends that it has the constitutional right to a pre-execution challenge of OSHA’s warrant. [Doc. 14 at 4-5]. After a review of the record, the Court … Continue reading

Posted in Administrative search | Comments Off on N.D.Ga.: No constitutional right to pre-enforcement challenge to an OSHA administrative warrant

CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

Posted in Administrative search, Cell site location information, Curtilage, Excessive force, Good faith exception, Reasonable suspicion | Comments Off on CA4: Trash container in open at curb was not on curtilage under Dunn factors

W.D.Wash.: Test-firing a firearm to help identify it is a reasonable search

“The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained … Continue reading

Posted in Administrative search, Border search, Reasonable suspicion, Search | Comments Off on W.D.Wash.: Test-firing a firearm to help identify it is a reasonable search

CA9: Changing argument from disputing facts of PC to facts don’t show PC is waiver

“Bruno changed his argument on appeal. In the district court, he disputed the government’s factual representations supporting the search of his apartment. On appeal, he no longer argues that the search warrant application contained factual inaccuracies or material omissions. Rather, … Continue reading

Posted in Administrative search, Consent, Waiver | Comments Off on CA9: Changing argument from disputing facts of PC to facts don’t show PC is waiver

CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

Defendants argued that an administrative search was a pretext for a criminal search. A later search warrant was based on independent information from state wiretaps. “Here, assuming arguendo that the administrative search was improper, suppression of the evidence obtained from … Continue reading

Posted in Administrative search, Independent source | Comments Off on CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

NY: Tenants can consent to a rental property inspection

In a rental property inspection, the tenants consented, and that was constitutionally sufficient. Town of Huntington v. CFLNYNY, LLC, 2021 NY Slip Op 50009(U), 2021 N.Y. Misc. LEXIS 27 (Suffolk Co. Jan. 7, 2021).* There was probable cause for a … Continue reading

Posted in Administrative search, Consent, Reasonable suspicion | Comments Off on NY: Tenants can consent to a rental property inspection

IN: Admin. inspector’s entry onto yard for housing code violation didn’t violate 4A

A city inspector followed state statute and entered upon a homeowner’s property after he saw a deck and above ground pool being built in violation of the local housing code. The entry was reasonable and did not require a administrative … Continue reading

Posted in Administrative search, Plain view, feel, smell, Reasonableness | Comments Off on IN: Admin. inspector’s entry onto yard for housing code violation didn’t violate 4A

IL: Ct of Apps erred in reaching 4A claim in civil discovery dispute involving state AG when it didn’t have to

This case involves a civil discovery dispute between the state and a recycling business for an environmental inspection. The court of appeals erred in jumping to a Fourth Amendment claim without attempting to decide the case on nonconstitutional grounds under … Continue reading

Posted in Administrative search, Reasonable suspicion, Standards of review | Comments Off on IL: Ct of Apps erred in reaching 4A claim in civil discovery dispute involving state AG when it didn’t have to

NY, Kings Co.: Admin order to enter for environmental concerns needs only programmatic purpose

The Department of Environmental Conservation needed only a programmatic purpose for its administrative probable cause for a court order for access to respondent’s property. Matter of State of New York, Department of Environmental Conservation v. 735 Bedford LLC, 2020 NY … Continue reading

Posted in Administrative search | Comments Off on NY, Kings Co.: Admin order to enter for environmental concerns needs only programmatic purpose

KS: One who doesn’t have an administrative license can’t challenge the administrative search scheme under it

An unlicensed entertainment establishment has no standing to challenge the administrative search provision under the licensing scheme. City of Wichita v. Trotter, 2020 Kan. App. LEXIS 69 (Sept. 25, 2020):

Posted in Administrative search | Comments Off on KS: One who doesn’t have an administrative license can’t challenge the administrative search scheme under it

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

Posted in Administrative search, Cell phones | Comments Off on CT Tax & Admin.: Order to DoC employees to search their cell phones for public records was excessive

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

Posted in Administrative search, Automobile exception, Reasonable expectation of privacy | Comments Off on D.N.H.: State liquor agents’ entry into public areas of licensee was reasonable as under administrative authority

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

Posted in Administrative search, Stop and frisk, Subpoenas / Nat'l Security Letters | Comments Off on CA10: EPA subpoena to determine cost of cleanup was within agency jurisdiction and was reasonable