Category Archives: Administrative search

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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CO: The oil and gas industry is “closely regulated” for 4A purposes

The Colorado Oil and Gas Conservation Commission gas well inspection program is constitutional. It provides for unannounced inspections. The court concludes that the oil and gas industry is “closely regulated” for Fourth Amendment administrative inspection law. Maralex Resources, Inc. v. … Continue reading

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S.D.Cal.: San Diego strip club inspection ordinance violates 1A; 4A deferred for more development

San Diego has an ordinance permitting inspections of strip clubs. After an “inspection” with armed officers with bulletproof vests to photograph nearly nude dancers ostensibly to log their tattoos, the court finds the ordinance violates the First Amendment because it … Continue reading

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CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking … Continue reading

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OH8: Trash pull helped corroborate informant hearsay

The police received informant hearsay, and sought to corroborate it, and a trash pull did it. State v. Rieves, 2018-Ohio-955, 2018 Ohio App. LEXIS 1021 (8th Dist. Mar. 15, 2018). The town’s housing inspection scheme is reasonable under the Fourth … Continue reading

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VA: ABC employee firing for excessive administrative search affirmed

Appellant was a agent of the Virginia ABC who conducted an unreasonable and excessive warrantless search of a licensee’s premises, and he was fired for abuse of authority. He appealed through the state grievance procedure claiming the search was legal, … Continue reading

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