Category Archives: Administrative search

Cal.4: SDT for financial records in a pollution investigation to properly assess penalty was reasonable

The state’s subpoena for records in a pollution investigation were statutorily based, within the agency’s jurisdiction, and reasonable in scope. Here, the records were financial, and it was for imposing a reasonable penalty. The subpoena also did not violate a … Continue reading

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IL: Truck inspection search was with RS from suspect log book and wrong seal and locks on cargo door

The truck inspection officer here had reasonable suspicion because the log book looked like it was false, there was an unnecessary private seal on the trailer, and the lock was on the wrong door meaning the load wasn’t protected. Two … Continue reading

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Cal.5th (concurring): Are routine administrative searches with guns on hip and bulletproof vests always reasonable?

Officers showed up for an OSHA inspection armed and wearing bulletproof vests and insisted upon the inspection starting without giving the company representative a chance to even think about it. The concurring judge finds this excessive in a free society, … Continue reading

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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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