Category Archives: Administrative search

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

Posted in Administrative search, Reasonable expectation of privacy | Comments Off on C.D.Cal.: LA ordinance on providing hotel rental info valid under Patel

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

Posted in Administrative search | Comments Off on D.Idaho: Idaho fish and game checkpoints that minimally detain nonhunters and fishers isn’t likely a violation of 4A

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

Posted in Administrative search, Cell phones, Reasonable expectation of privacy | Comments Off on D.Neb.: Violation of an ATF regulation during administrative search of an FFL doesn’t justify suppression without a 4A violation

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:

Posted in Administrative search, GPS / Tracking Data | Comments Off on Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

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

Posted in Administrative search, Consent | Comments Off on D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A

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

Posted in Abandonment, Administrative search, Curtilage | Comments Off on AL: City code enforcer violated 4A by entering curtilage and towing cars

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

Posted in Administrative search, Knock and announce | Comments Off on 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

PA: Commercial truck checkpoint stops governed by Burger, not by general checkpoint rules

Checkpoint stops of commercial vehicle are government by New York v. Burger, already followed in Pennsylvania, and not other checkpoint case law. Checkpoint case law doesn’t fit with commercial vehicle inspections. Commonwealth v. Maguire, 2019 Pa. LEXIS 4704 (Aug. 22, … Continue reading

Posted in Administrative search, Excessive force | Comments Off on PA: Commercial truck checkpoint stops governed by Burger, not by general checkpoint rules

PA: DYS inspection order required PC

DYS obtained an inspection order to enter petitioner’s house, but it was issued without specific probable cause to believe any specific acts were occurring inside. Probable cause was required for the order to enter. In the Interest of D.R., 2019 … Continue reading

Posted in Administrative search, Standing | Comments Off on PA: DYS inspection order required PC

CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory … Continue reading

Posted in Administrative search, Qualified immunity, Subpoenas / Nat'l Security Letters | Comments Off on CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

CA9: The smell of marijuana from a car in a recreational use state is still PC

The smell of marijuana from a car in Nevada where recreational use is permitted is still probable cause because state law doesn’t permit smoking in a car. United States v. Gray, 2019 U.S. App. LEXIS 19095 (9th Cir. June 26, … Continue reading

Posted in Administrative search, Automobile exception, Qualified immunity | Comments Off on CA9: The smell of marijuana from a car in a recreational use state is still PC

IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

Posted in Administrative search, GPS / Tracking Data, Reasonable expectation of privacy | Comments Off on IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable