Category Archives: Administrative search

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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MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants

MyNewsLA.com: Apartment building owners sue LA over rent stabilization, argue ordinance hurts tenants by Toni McAllister:

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D.Colo.: Landowners consented to entries by BLM when leasing to oil and gas companies

The Court affirms the “Interior Board of Land Appeals’ finding that the Federal Oil and Gas Management Act authorizes Bureau of Land Management representatives to conduct warrantless, unannounced inspections of oil wells on Plaintiffs’ fee lands was not arbitrary, capricious, … Continue reading

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ME: DEP could enter open fields to inspect composting operation

The state Department of Environmental Protection sought an injunction against the livestock business to get it to stop denying access to the business property for inspection of its composting operation. Because the area to be inspected was open fields, the … Continue reading

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AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional by Widney Brown It’s yet another attempt to stigmatize and criminalize people living in poverty.

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W.D.N.C.: First def denied ownership of backpack, and after drugs were found he claimed it; “the fact that defendant claimed ownership of the backpack after the search is of no moment.”

First defendant denied ownership of the backpack, and the police searched it. “[T]he fact that defendant claimed ownership of the backpack after the search is of no moment.” That was abandonment. United States v. Ferebee, 2017 U.S. Dist. LEXIS 193791 … Continue reading

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CA6: 53 days after an occurrence is hardly exigent

Detroit has a stray dog problem and passed an ordinance in 2004. The ordinance allowed warrantless entries into yards to search for and seize dogs. The district court enjoined that, and the city did not appeal. On individual claims, an … Continue reading

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PA: Commercial truck inspections coming into a landfill were valid under Burger

Pennsylvania State Police and environmental inspectors set up a roadblock into a landfill to inspect commercial trucks. In defendant’s truck they found some beer, and he was charged with DWI and “unlawful activities.” The stop and inspect of defendant’s truck … Continue reading

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CA10: Defs did not violate clearly established 4A law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions

Defendants did not violate clearly established Fourth Amendment law by accessing the Utah Controlled Substance Database on plaintiffs’ prescriptions (and the Fourth Amendment claim goes undecided). Pyle v. Woods, 2017 U.S. App. LEXIS 21713 (10th Cir. Nov. 1, 2017):

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OH11: Admin SW for hoarding was issued with PC and wasn’t stale

Defendant here was referred to as “having a hoarding issue” because of a growing collection of junk in his yard and up against his house that was flammable and attractive to rodents. He was prosecuted for the exterior junk and … Continue reading

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