Category Archives: Administrative search

D.Idaho: Idaho fish and game checkpoints that minimally detain nonhunters and fishers isn’t likely a violation of 4A

Plaintiff sought a preliminary injunction against wildlife checkpoint stops that included nonhunters and fishers. The court finds that there is little likelihood of success on the merits. The state’s interest in protection of wildlife is high, and, on balance, the … Continue reading

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D.Neb.: Violation of an ATF regulation during administrative search of an FFL doesn’t justify suppression without a 4A violation

Defendant had a federal firearms dealer license and he was subjected to an inspection. Firearms dealers, of course, are closely regulated businesses. After the motion to suppress was denied, he decided that ATF regulations were violated. The court concludes, based … Continue reading

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Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case

Forbes: Do Food Trucks Have Fourth Amendment Rights? Supreme Court Could Decide In Chicago GPS Tracker Case by Nick Sibilla:

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D.Del.: Coast Guard’s search of a ship after failure of an oily water test was reasonable under the 4A

The Coast Guard boarded a Bahamian ship when it arrived in port in Delaware to inspect its potential for oil discharge and pollution. At issue was the oily water separator which was observed in operation, and this led to the … Continue reading

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AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

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S.D.Ga.: Lack of announcement doesn’t invoke exclusionary rule; def argued he was entitled to announcement to be able to dispose of his drugs

Defendant claims his search was invalid for lack of knock-and-announce because, if they had announced, he could have destroyed the drugs and wouldn’t have been charged [apparently oblivious to the fact that’s one of the justification for dispensing with announcement]. … Continue reading

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PA: Commercial truck checkpoint stops governed by Burger, not by general checkpoint rules

Checkpoint stops of commercial vehicle are government by New York v. Burger, already followed in Pennsylvania, and not other checkpoint case law. Checkpoint case law doesn’t fit with commercial vehicle inspections. Commonwealth v. Maguire, 2019 Pa. LEXIS 4704 (Aug. 22, … Continue reading

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PA: DYS inspection order required PC

DYS obtained an inspection order to enter petitioner’s house, but it was issued without specific probable cause to believe any specific acts were occurring inside. Probable cause was required for the order to enter. In the Interest of D.R., 2019 … Continue reading

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CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory … Continue reading

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CA9: The smell of marijuana from a car in a recreational use state is still PC

The smell of marijuana from a car in Nevada where recreational use is permitted is still probable cause because state law doesn’t permit smoking in a car. United States v. Gray, 2019 U.S. App. LEXIS 19095 (9th Cir. June 26, … Continue reading

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IL: GPS monitoring of food trucks to keep them 200′ from restaurants was reasonable

The City of Chicago requires GPS monitoring of food trucks to make sure they stay 200′ away from a regular restaurant or in food truck zones is reasonably related to the city’s interest in promoting viability of restaurants in the … Continue reading

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E.D.N.Y.: Assuming pawn shops are closely regulated businesses, ptfs stated a claim under § 1983 for arbitrary and unreasonable enforcement

Assuming pawn shops are closely regulated business, in this § 1983 case against arbitrary and unreasonable administrative searches under Burger, plaintiffs survive summary judgment. There is a police memo attempting to limit the exercise of police discretion, but the city … Continue reading

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VA: ABC officer validly terminated for not following agency S&S protocol more protective than 4A

Appellant was an ABC officer terminated for not following agency search and seizure protocols which are more protective of constitutional rights than the Fourth Amendment. The court considers the exceptions argued, including the highly regulated business exception, plain view, exigency, … Continue reading

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M.D.Pa.: Administrative PC shown for administrative search warrant

Two prior salmonella occurrences satisfied to justify probable cause for an administrative search. The motion for contempt for not providing passwords for the computers is premature. In re Admin., Establishment Insp. of Spa & Organic Essentials of Pa., LLC, 2019 … Continue reading

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CA6: Rule against warrantless housing inspection entries clearly established

Defendant police officers were properly granted summary judgment on plaintiffs’ Fourth Amendment claims regarding the validity of the warrants because probable cause supported two of the warrants and the third warrant was not so lacking in indicia of probable cause … Continue reading

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WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door.

WaPo: A mom refused to take her unvaccinated toddler to the hospital for a fever. Armed police officers tore down the door. by Antonia Noori Farzan:

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