Category Archives: Administrative search

CA11: Ordinance for rental property inspections not unconstitutional on face; has an admin warrant requirement

The City of Lauderhill’s rental property inspection ordinance is not unconstitutional on its face under the Fourth Amendment. It does provide for an administrative warrant if one is required. 2051 Lush Apts., LLC v. City of Lauderhill, 2017 U.S. App. … Continue reading

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MA: Admin search warrant of def’s side yard couldn’t be used for criminal search

Defendant’s house had been damaged by a fire, and local inspectors obtained an administrative inspection warrant to enter the property. An administrative warrant can’t be used, however, for a criminal investigation, and that’s what they did. They went to the … Continue reading

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Maine Wire: Unlawful rental registries: Coming soon to a city near you

Maine Wire: Unlawful rental registries: Coming soon to a city near you by Jacob Posik:

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E.D.Wash.: An administrative search to enter a govt building has to be reasonable, too, with a warning of consent and this was far too intrusive

Defendant was subjected to an intense search of all his belongings by attempting to enter a Social Security office in eastern Washington by private security contractors working the metal detector and x-ray machine. There was inadequate notice and consent of … Continue reading

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CA8: Code inspectors’ entry into common areas of rental property wasn’t 4A violation

City code inspectors’ entries into the common areas of plaintiff’s “historically unmanageable rental properties” did not violate the Fourth Amendment for lack of a reasonable expectation of privacy in those places. His claims as to allegedly protected areas was waived. … Continue reading

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MN: Admin. SW may issue for rental property inspection under Camara if the rights of tenants are respected, so they get a right to be heard

The city made the requisite showing for issuance of an administrative warrant for a housing inspection. The court declines to interpret the state constitution more broadly than the Fourth Amendment on this issue. The privacy interests of the tenants must … Continue reading

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CA6: Limited personnel records request in mine safety investigation was reasonable

The Mine Safety division of the Department of Labor acted reasonably under the Fourth Amendment in requesting personnel records in an investigation into a discrimination claim. The mine was part of a pervasively regulated industry, the company had time to … Continue reading

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Lexology: Administrative Law Judge Winnows OFCCP’s Data Request [to Google]

Lexology: Administrative Law Judge Winnows OFCCP’s Data Request by William Hays Weissman:

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ND: Firefighter reasonably removed rifle during early part of fire entry

Firefighters in the house removed a rifle for safekeeping and safety of the fireman early into the fire scene entry, and that was reasonable under Clifford. State v. Friesz, 2017 ND 177, 2017 N.D. LEXIS 164 (July 12, 2017). “Here, … Continue reading

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CA7: No qualified immunity for seizure of pft’s vehicles from his yard by code enforcement officers

The seizure of plaintiff’s vehicles off his property without an opportunity to defend against it was an unreasonable seizure. Defendants don’t get qualified immunity. There was no action in court for plaintiff to resort to, so Rooker-Feldman doesn’t apply. Hamilton … Continue reading

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WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people

WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people by Radley Balko

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CA9: Administrative stop of tractor-trailer was pretext for criminal investigation lacking RS; suppressed

Commercial vehicles are subject to administrative stops for compliance inspections without reasonable suspicion. When, however, the use of the stop is predicated on pretext for criminal investigation, the stop and its continuation require reasonable suspicion. Here, that was lacking, and … Continue reading

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