Category Archives: Administrative search

CA5: Spirit Aerosystems, Inc. v. Paxton revd

Spirit Aerosystems, Inc. v. Paxton, 2024 U.S. Dist. LEXIS 219598 (W.D. Tex. Nov. 1, 2024), posted here, rev’d 2025 U.S. App. LEXIS 15838 (5th Cir. June 26, 2025).

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WA: Admin. search entry through employee entrance tailgating employee into building violated statute and was suppressed

“This appeal asks us to decide whether Department of Labor and Industries (DLI) inspectors possessed authority to tailgate a fitness club member through an otherwise locked door into the fitness club to ask for permission to inspect the business premises … Continue reading

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Arnold & Porter: People Are Not Documents: Texas Court Rules That Administrative Inspection Warrants Cannot Be Used for Immigration Raids of Businesses

Arnold & Porter: People Are Not Documents: Texas Court Rules That Administrative Inspection Warrants Cannot Be Used for Immigration Raids of Businesses by Mohamed Al-Hendy, Lee M. Cortes, Jr., Ryan Hartman & Murad Hussain:

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CA2: Records production under NYS rent control relief provision doesn’t violate 4A

For landlords to get relief from the 1974 NYS rent stabilization laws, they have to provide some records. This does not violate the Fourth Amendment. Hudson Shore Assocs. Ltd. P’ship v. New York, 2025 U.S. App. LEXIS 13349 (2d Cir. … Continue reading

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D.Vt.: Coast Guard’s reboarding boat was with PC

It was revealed there was a firearm on board, and a later warrants check revealed a conviction that was wrong. Yet, it turned out later there was yet another not mentioned. The Coast Guard reboarded and took the gun and … Continue reading

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IL: Paperwork discrepancies permitted a truck safety inspection

Continuation of a commercial moving truck stop for a safety inspection was reasonable after there were “paperwork discrepancies.” People v. Ivanchuk, 2025 IL App (4th) 241230, 2025 Ill. App. LEXIS 856 (May 1, 2025). Mere negligent omissions for a Franks … Continue reading

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D.N.J.: Admin SW can’t be quashed before execution

The company here refused an OSHA administrative inspection, so OSHA got an administrative warrant. Then the company moved to quash. Citing In re Anthony Marano Company, 556 F. Supp. 3d 890 (N.D. Ill. 2021), the court holds there is no … Continue reading

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W.D.La.: Product of uncharged search of house comes in under 404(b)

Defendant was indicted for possession of drugs in a storage unit, but drugs and cash were also found in his house. That can come in under 404(b). United States v. Harris, 2025 U.S. Dist. LEXIS 75696 (W.D. La. Apr. 21, … Continue reading

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MO: Administrative subpoena to Planned Parenthood was not unreasonable

The AG’s civil investigative demand to Planned Parenthood wasn’t unreasonable as a subpoena. “To comply with the Fourth Amendment’s reasonableness requirement, a CID, which is an administrative subpoena, must (1) comply with the statute authorizing it, (2) seek information that … Continue reading

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OH5: Rental property ordinance can be enforced by admin. SWs

The City of Canton, Ohio has safety and sanitary standards for rental property that are reasonable and can be enforced by a Camara search warrant on administrative probable cause. Dep’t of Dev. Servs. for the City of N. Canton Ohio … Continue reading

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TX3: Produce inspection rule isn’t 4A violation on its face; farmers still get a 4A challenge

A Texas rule permitting limited inspections of produce growing farms is not enjoined as a Fourth Amendment violation. In the circumstances presented, the farmers have the ability to make a Fourth Amendment challenge should the inspectors violate it. Farm and … Continue reading

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S.D.N.Y.: Metro-North RR worker stated claim for 4A violation in personal searches

Plaintiff worked for Metro-North Railroad, and he sued claiming he was subject to searches of his person and stuff without justification. He stated a plausible claim under the Fourth Amendment under O’Connor v. Ortega. Foli v. Metro-N. R.R., 2025 U.S. … Continue reading

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D.N.J.: OSHA site inspection was on a neutral plan and particular

OSHA sought an inspection warrant for a cannabis producer in New Jersey. It was based on a neutral inspection plan [no complaints] and was particular in scope and therefore reasonable under the Fourth Amendment. United States v. Inspection Warrant, 2025 … Continue reading

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Fed.Cir.: VA’s IT user inspection rule violates 4A

The VA’s rule-based IT inspection authority for remote access to its databases is overbroad and violates the Fourth Amendment because it includes remote computers and the place where the computers are housed. Military-Veterans Advoc. v. Sec’y of Veterans Affairs, 2025 … Continue reading

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OH11: Furtive movements in and out of car gave RS to prolong stop

Defendant was stopped for overtinted windows and his furtive movements in and out of the car gave reasonable suspicion to extend the stop. State v. Reuschling, 2025-Ohio-516 (11th Dist. Feb. 18, 2025). The statute excluding evidence unlawfully seized also is … Continue reading

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OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed

When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading

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NY Albany Co.: Unrestrained administrative searches of cannabis stores violates 4A

Petitioners show a likelihood of success on their claim for injunctive relief from unrestrained “administrative inspections,” essentially without boundaries. Super Smoke N Save LLC v. N.Y. State Cannabis Control Bd., 2025 NY Slip Op 25009 (Albany Co. Jan. 13, 2025). … Continue reading

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C.D.Cal.: Warehouse used as a residence required admin. warrant for fire inspection

A fire inspection of a warehouse that was being used as a residence was subject to the administrative warrant requirement. No exception applies. Hannan v. L.A. Cty. Fire Dep’t, 2024 U.S. Dist. LEXIS 235999 (C.D. Cal. Dec. 9, 2024). 2254 … Continue reading

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N.D.Ala.: A keycard found on def in a search incident for something else not suppressed

A keycard on defendant was properly seized incident to arrest. It wasn’t evidence of the crime of the arrest, but it was of another crime. United States v. Croom, 2024 U.S. Dist. LEXIS 231419 (N.D. Ala. Dec. 2, 2024), adopted … Continue reading

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IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required

The city’s rental property inspection ordinance does not fail under the state constitution’s search and seizure clause because it is not facially void in all circumstances. Administrative warrants can be obtained when there’s a proper showing. Singer v. City of … Continue reading

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