Category Archives: Administrative search

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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OR: There was no PC for an administrative seizure of def’s car

The seizure of defendant’s car was without probable cause for an administrative seizure. While her insurance card did not fully comply with the statute, it was fair on its face that it was her and for her cars. State v. … Continue reading

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E.D.Pa.: Warrantless admin seizure of taxicabs for lack of proper permit violates 4A and due process

Warrantless administrative seizure of taxicabs without a proper PPA TLD sticker violates the Fourth Amendment and due process for denial of a predeprivation hearing. Rosemont Taxicab Co. v. Phila. Parking Auth., 2018 U.S. Dist. LEXIS 106322 (E.D. Pa. June 26, … Continue reading

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GA: SW obviates need to follow the hearing provisions of the Georgia Animal Protection Act which has provision for impoundment and return of animals seized under the Act

The Georgia Animal Protection Act has provision for impoundment and return of animals seized by the state. When a search warrant is used, as here, that provision doesn’t apply. Bramblett v. Habersham County, 2018 Ga. App. LEXIS 399 (June 21, … Continue reading

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OH8: Administrative PC shown for sewer water search

The city justified issuance of an administrative warrant for investigation of sewer water contamination under Camara. Administrative probable cause was shown, and the search was reasonable. Dawson v. City of Richmond Heights, 2018-Ohio-1301, 2018 Ohio App. LEXIS 1440 (8th Dist. … Continue reading

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Cal.1: Subpoena for info on who arranged home rentals didn’t violate SCA and would be enforced

The City sought a subpoena to HomeAway to produce records of people that arrange occasional rentals of their homes or apartments for purposes of collecting sales taxes. HomeAway contends that it merely enables people to connect with each other and … Continue reading

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N.D.N.Y.: Rental inspection code use of may not shall to get admin. warrant not 4A violation

The fact the City of Schenectady’s rental building inspection code says that the inspectors may get a warrant instead of shall doesn’t state a Fourth Amendment violation. There’s no evidence that the city has applied it unconstitutionally yet. Hafez v. … Continue reading

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