Category Archives: Administrative search

Reason: Contempt for Renters Leads to Second-Class Search and Seizure Protections

Reason: Contempt for Renters Leads to Second-Class Search and Seizure Protections by J.D. Tuccille (“Signing a lease instead of a deed shouldn’t erase your right to be free of government home invasions.”):

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D.C.Cir.: Dewey and Mine Safety Act provide for no precompliance warning or review before inspection

The petitioner here was a contractor working at a mine, and a mine safety inspector looked at equipment and cited the contractor a $116 fine. The ALJ denied relief, and, on a petition for review of the fine, the court … Continue reading

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WA: Was a courthouse security search that turned up drugs properly limited? Remanded for more fact finding

An issue that hasn’t appeared in appellate decisions for a while: May a jacket be searched for drugs at courthouse security? Not here, but more fact finding required. The CSO felt a cell phone to remove it from a pocket, … Continue reading

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NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

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Bloomberg Law: New Appeals Test for Medical Prescription Warrantless Searches

Bloomberg Law: New Appeals Test for Medical Prescription Warrantless Searches by John Nancarrow (“A federal appeals court could rule anytime on whether law enforcement needs a warrant to access information on people’s prescription drug use from state databases—a case that’s … Continue reading

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C.D.Cal.: LA ordinance on providing hotel rental info valid under Patel

An LA ordinance requires certain information from hotel and motel renters which survives analysis under Patel. The information is not private information, and it’s not even a search. If it was, it would be a valid administrative search. City of … Continue reading

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D.Idaho: Idaho fish and game checkpoints that minimally detain nonhunters and fishers isn’t likely a violation of 4A

Plaintiff sought a preliminary injunction against wildlife checkpoint stops that included nonhunters and fishers. The court finds that there is little likelihood of success on the merits. The state’s interest in protection of wildlife is high, and, on balance, the … Continue reading

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D.Neb.: Violation of an ATF regulation during administrative search of an FFL doesn’t justify suppression without a 4A violation

Defendant had a federal firearms dealer license and he was subjected to an inspection. Firearms dealers, of course, are closely regulated businesses. After the motion to suppress was denied, he decided that ATF regulations were violated. The court concludes, based … Continue reading

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Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case by Nick Sibilla:

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D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A

The Coast Guard boarded a Bahamian ship when it arrived in port in Delaware to inspect its potential for oil discharge and pollution. At issue was the oily water separator which was observed in operation, and this led to the … Continue reading

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AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

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S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs

Defendant claims his search was invalid for lack of knock-and-announce because, if they had announced, he could have destroyed the drugs and wouldn’t have been charged [apparently oblivious to the fact that’s one of the justification for dispensing with announcement]. … Continue reading

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