Category Archives: Administrative search

Quarantines and the Fourth Amendment

Is a government quarantine order for a person or group of people a violation of the Fourth Amendment as a reasonable seizure? Despite being an ardent civil libertarian, I must conclude the Constitution means: No.   Protection from infectious diseases … Continue reading

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CA9: Facial challenge to housing inspection ordinance fails because there is an administrative warrant provision

Plaintiffs’ facial challenge to Los Angeles’ housing inspection ordinance fails because it isn’t unconstitutional in all applications. An administrative warrant provision is provided for. Garris v. City of Los Angeles, 2020 U.S. App. LEXIS 8361 (9th Cir. Mar. 17, 2020). … Continue reading

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ID: Dep. of Environmental Quality didn’t violate any REP by entering where it’s open to the public

The state Department of Environmental Quality inspectors did not violate respondent’s reasonable expectation of privacy by entering. His property was open “24/7” to the public. Idaho Dep’t of Envtl. Quality v. Gibson, 2020 Ida. LEXIS 48 (Mar. 11, 2020):

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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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