Category Archives: Administrative search

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

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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

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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

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E.D.N.Y.: Assuming pawn shops are closely regulated businesses, ptfs stated a claim under § 1983 for arbitrary and unreasonable enforcement

Assuming pawn shops are closely regulated business, in this § 1983 case against arbitrary and unreasonable administrative searches under Burger, plaintiffs survive summary judgment. There is a police memo attempting to limit the exercise of police discretion, but the city … Continue reading

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VA: ABC officer validly terminated for not following agency S&S protocol more protective than 4A

Appellant was an ABC officer terminated for not following agency search and seizure protocols which are more protective of constitutional rights than the Fourth Amendment. The court considers the exceptions argued, including the highly regulated business exception, plain view, exigency, … Continue reading

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M.D.Pa.: Administrative PC shown for administrative search warrant

Two prior salmonella occurrences satisfied to justify probable cause for an administrative search. The motion for contempt for not providing passwords for the computers is premature. In re Admin., Establishment Insp. of Spa & Organic Essentials of Pa., LLC, 2019 … Continue reading

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CA6: Rule against warrantless housing inspection entries clearly established

Defendant police officers were properly granted summary judgment on plaintiffs’ Fourth Amendment claims regarding the validity of the warrants because probable cause supported two of the warrants and the third warrant was not so lacking in indicia of probable cause … Continue reading

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WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door.

WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door. by Antonia Noori Farzan:

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IA: Product of valid administrative subpoena could be turned over to prosecutors for other action

Defendant was a former nursing home nurse, and she was under investigation by the state for allegedly getting some government benefits she wasn’t entitled to. The state Department of Investigations and Appeals issued subpoenas for bank records. They didn’t find … Continue reading

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CA11: Strip club survives summary judgment on unreasonable search claim when it was raided by 36 officers including SWAT team

A strip club was subjected to a raid with 36 officers, including the SWAT team. People were manhandled during the raid. The plaintiff club stated a claim sufficient to overcome summary judgment that the raid and search was unreasonable. WBY, … Continue reading

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NY2: Jail call here was more prejudicial than relevant and should have been excluded

Admission of defendant’s jail call here was more prejudicial than relevant because it omitted context. The jury was at a loss as to what arrest was being talked about. People v. Robinson, 2019 NY Slip Op 01799, 2019 N.Y. App. … Continue reading

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MT: Admin search of def’s licensed commercial kennel on her residential property was reasonable

Defendant had a licensed commercial kennel on residential property. The local government’s inspection complied with Burger v. New York because the search was within the scope of the regulatory scheme. State v. Warren, 2019 MT 49, 2019 Mont. LEXIS 67 … Continue reading

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