Category Archives: Administrative search

CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team

A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading

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NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

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MT: Admin search of def’s licensed commercial kennel on her residential property was reasonable

Defendant had a licensed commercial kennel on residential property. The local government’s inspection complied with Burger v. New York because the search was within the scope of the regulatory scheme. State v. Warren, 2019 MT 49, 2019 Mont. LEXIS 67 … Continue reading

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D.Neb.: ATF administrative inspection can occur even though they had PC; SW not required

Just because ATF had reasonable cause doesn’t mean that they needed a search warrant to conduct an administrative inspection of a gun dealer’s records. United States v. Melton, 2018 U.S. Dist. LEXIS 221663 (D. Neb. Dec. 28, 2018):

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CA10: BLM can’t force oil and gas operator to put BLM’s lock and key on property for annual inspections

Plaintiff has oil and gas leases on private lands of a third party in Southwest Colorado. The Bureau of Land Management sought “lock and key” authority to have access to the property to conduct annual inspections. Plaintiff brought a Fourth … Continue reading

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CA11: Work-related injuries don’t necessarily translate into OSHA violations; records request quashed as overbroad

Existence of work-related injuries or illnesses do not translate directly into reasonable suspicion that an OSHA violation occurred. The district court was correct in quashing the inspection warrant for lack of a proper showing, without prejudice to OSHA establishing the … Continue reading

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M.D.Pa.: Controlled buy is PC to arrest

A controlled buy was probable cause to arrest. United States v. Jackson, 2018 U.S. Dist. LEXIS 158445 (M.D. Pa. Sep. 18, 2018).* Plaintiffs’ claim that an administrative code violation search was a pretext for a criminal search fails on the … Continue reading

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CA5: Texas medical board’s forthwith subpoena was shown not to be pretextual for criminal investigative purpose

Plaintiff is a doctor running a clinic dispensing opiods, and the Texas medical board got a forthwith administrative subpoena out for him and seized records. The defendants get qualified immunity. It’s not clear that doctors are a closely regulated industry … Continue reading

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E.D.Va.: When officer takes your license to run it, you’re seized

“Officer Myers’ instruction to ‘hang tight’ while he ran Defendant’s driver’s license [and had it in hand], would lead a reasonable person in Defendant’s shoes not to feel free to leave. Thus, the consensual encounter became a seizure under the … Continue reading

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OR: Property tax reassessment claim dismissed for refusal to permit inspection

Taxpayer’s property tax assessment appeal is dismissed for refusing an inspection of the property claiming a Fourth Amendment violation. He claimed the records of the assessor are incorrect, and the assessor wants to see whether that’s true. He was told … Continue reading

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S.D.Ala.: That state court warrant was missing two pages when filed doesn’t matter when the whole SW produced in federal court

The search warrant was issued by a state court, and two pages were missing from the filed version. The complete version was presented in federal court, and the fact part was missing in state court is not a Fourth Amendment … Continue reading

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DE holds that exclusionary rule doesn’t apply to probation revocations

The exclusionary rule does not apply to probation revocation proceedings. No federal case holds to the contrary. Thompson v. State, 2018 Del. LEXIS 346 (July 24, 2018). The city’s administrative warrants for petitioner’s dilapidated buildings were properly issued. By statute, … Continue reading

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