Category Archives: Administrative search

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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Reason: City Orders Businesses to Join Its Police Surveillance System

Reason: City Orders Businesses to Join Its Police Surveillance System by Scott Shackford: Saginaw demands that establishments install video cameras and turn over footage.

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NOLA considering ordinance to put surveillance cameras in and outside all bars feeding to a city central server

New Orleans has proposed ordinance 32,107 regulating bars, and part is about surveillance systems. This caught my eye because, in college, I first considered the privacy concerns of street cameras being installed here. That was probably 1969-70, and Katz was … Continue reading

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W.D.Wash.: Exclusionary rule wouldn’t apply to USCG’s obtaining medical records of merchant mariners (dicta)

Plaintiff sued the Coast Guard because it subpoenaed his medical records for the merchant marine, something completely within its statutory and regulatory authority. The Coast Guard 40 years ago determined that the exclusionary rule wouldn’t be applied to medical records … Continue reading

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CA6: Precious metals dealers are “closely regulated business” for administrative inspection of records of purchases

The Ohio Precious Metals Dealers Act (PMDA) authorized warrantless records searches to locate stolen property, and the court finds that the limitations in the statute served as constitutionally adequate warrant substitutes. They applied only to licensed precious metals dealers, and … Continue reading

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S.D.Ohio: Residential rental property is not a “closely regulated industry”

Plaintiff meets his burden to get a preliminary injunction against a city rental property inspection ordinance that had no warrant requirement for refused entry. Rental property is not a closely regulated industry. Vonderhaar v. Evendale, 2018 U.S. Dist. LEXIS 8856 … Continue reading

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N.D.Ga.: Administrative search exception doesn’t apply to a motorcycle club that isn’t remotely a “closely regulated business”

The administrative search exception under Atlanta city ordinance doesn’t apply to a motorcycle club that isn’t remotely a “closely regulated business.” Summary judgment for plaintiffs granted. Brown v. City of Atlanta, 2018 U.S. Dist. LEXIS 6222 (N.D. Ga. Jan. 9, … Continue reading

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AP: Judge: Atlanta warrantless search policy unconstitutional

AP: Judge: Atlanta warrantless search policy unconstitutional: The city of Atlanta had a policy of conducting unlawful, warrantless searches of commercial properties, a federal judge ruled this week in a case brought after officers searched a motorcycle club’s meeting space.

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