Category Archives: Administrative search

N.D.Ga.: OSHA admin warrant request too expansive and quashed

The OSHA administrative inspection warrant was improvidently granted. It was based on a complaint arising from an employee injury, and probable cause in the administrative sense is different than criminal probable cause. Here, it wasn’t reasonable to expand the administrative … Continue reading

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E.D.Wis.: Rental unit inspection ordinance not violation of 4A where 21 day notice given

In a rental unit inspection ordinance case, the court declines to grant a preliminary injunction. The tenants have rights, of course, but state law permits the landlord to conduct inspections on his or her own and, most importantly, there is … Continue reading

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NY1: Pawnbrokers have been heavily regulated for a century; rules for information storage are reasonable

Pawnbrokers have been a heavily regulated industry for over a century. NYC’s requirement of provision of certain information in digital format is reasonable under the Fourth Amendment (compare California Bankers Assn. v. Schultz) and the limited administrative searches are reasonable. … Continue reading

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JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule [for motor carriers]?

JD Supra: Is There an Opening to Withdraw or Modify Electronic Logging Device Rule? by Lawrence Hamilton II & Jameson Rice. The Electronic Logging Device for over the road truckers goes into effect February 17th with full compliance by December … Continue reading

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IL: Exclusionary rule does not apply to liquor license disciplinary proceeding arising from admin search

Petitioner had a liquor license in Chicago, and an inspection occurred under authority of state law and city ordinance. The permitted premises was the first floor, but he owned accessible property in the floors above. Upstairs, the officers found a … Continue reading

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MT: RS not needed to stop a commercial truck because they are closely regulated

“We conclude that the officer did not need a fact-based particularized suspicion to stop and inspect the truck because it was a commercial vehicle subject to close regulation by law.” The driver was found under the influence. State v. Beaver, … Continue reading

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MA: Admin search doctrine or special needs didn’t permit a discretionary suspicionless search of a car on a prison parking lot

The trial court judge properly allowed defendant’s pretrial motion to suppress evidence seized during a warrantless search of his motor vehicle while it was parked in a parking lot outside a correctional facility, where, at the time a police officer … Continue reading

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OH5: Fire inspector’s violation of city agreement to give notice before inspections warranted his firing

Jeffries complained that he was subjected to arbitrary and invasive fire inspections, and the city agreed to give him prior notice. Lanzer, however, violated that agreement and was fired by the city. “However, as stated above, the City of Louisville … Continue reading

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CA10: USDA officers committing a break-in without exigency to conduct an inspection violated 4A

USDA inspectors breaking into plaintiff’s wildlife preserve to check on animals that the previous day the preserve said would go to the veterinarian the next day stated a Fourth Amendment claim under Bivens. At the time of the entry, the … Continue reading

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City Pulse: Regulating pot: City wants mandatory home inspections for high energy users

City Pulse: Regulating pot: City wants mandatory home inspections for high energy users by Todd Heywood:

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