Category Archives: Administrative search

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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NY1: Pawnbrokers have been heavily regulated for a century; rules for information storage are reasonable

Pawnbrokers have been a heavily regulated industry for over a century. NYC’s requirement of provision of certain information in digital format is reasonable under the Fourth Amendment (compare California Bankers Assn. v. Schultz) and the limited administrative searches are reasonable. … Continue reading

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JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule [for motor carriers]?

JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule? by Lawrence Hamilton II & Jameson Rice. The Electronic Logging Device for over the road truckers goes into effect February 17th with full compliance by December … Continue reading

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IL: Exclusionary rule does not apply to liquor license disciplinary proceeding arising from admin search

Petitioner had a liquor license in Chicago, and an inspection occurred under authority of state law and city ordinance. The permitted premises was the first floor, but he owned accessible property in the floors above. Upstairs, the officers found a … Continue reading

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MT: RS not needed to stop a commercial truck because they are closely regulated

“We conclude that the officer did not need a fact-based particularized suspicion to stop and inspect the truck because it was a commercial vehicle subject to close regulation by law.” The driver was found under the influence. State v. Beaver, … Continue reading

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MA: Admin search doctrine or special needs didn’t permit a discretionary suspicionless search of a car on a prison parking lot

The trial court judge properly allowed defendant’s pretrial motion to suppress evidence seized during a warrantless search of his motor vehicle while it was parked in a parking lot outside a correctional facility, where, at the time a police officer … Continue reading

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