Category Archives: Administrative search

D.Or.: The reporting requirements of the Corporate Transparency Act of 2021 do not violate the 4A or 5A

The reporting requirements of the Corporate Transparency Act of 2021 31 U.S.C. § 5336 do not violate the Fourth or Fifth Amendment under California Bankers Assn. v. Shutlz. Firestone v. Yellen, 2024 U.S. Dist. LEXIS 170085 (D. Or. Sep. 20, … Continue reading

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W.D.Pa.: Electronic devices seized in California could be searched in Pennsylvania

Electronic devices seized in California could be searched in Pennsylvania. United States v. Carter, 2024 U.S. Dist. LEXIS 168014 (W.D. Pa. Sep. 18, 2024). Under established precedent, the smell of marijuana alone coming from defendant’s car permits a search of … Continue reading

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OH10: Mental health facilities are heavily regulated and consent to administrative searches

Residential mental health facilities are heavily regulated and consented to inspections as a condition of licensing. My Friend’s Place in Unity v. Ohio Dep’t of Mental Health, 2024-Ohio-3257, 2024 Ohio App. LEXIS 3067 (10th Dist. Aug. 27, 2024). Plaintiff’s Fourth … Continue reading

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NE: Despite municipal code requiring refusal of consent, 4A doesn’t require that before SW issues

The Omaha Municipal Code required refusal of consent before an inspection warrant is issued. The officer had probable cause for code violations when he sought the warrant. The warrant will not be suppressed because there is no Fourth Amendment requirement … Continue reading

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CA6: Ptfs showed standing for 4A claim over CTRs for cyptocurrency

Plaintiffs showed ripeness and standing for their Fourth Amendment claim over the requirement of cryptocurrency currency transaction reports under 26 U.S.C. § 6050I. Remanded, but taking no position on the claim. Carmen v. Yellen, 2024 U.S. App. LEXIS 20033 (6th … Continue reading

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N.D.Ohio: Gang members’ waving guns in Instagram post was RS for later stop

“To start, the Instagram video that showed Brown, McCullers, and others waving firearms and pointing them directly at the camera provided the officers with reasonable suspicion to stop the two men. That’s because, under Virginia law, it is ‘unlawful for … Continue reading

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CA8: “Reasonable grounds” in defendant’s probation search agreement means reasonable suspicion

“Reasonable grounds” in defendant’s probation search agreement means reasonable suspicion. United States v. Gaston, 2024 U.S. App. LEXIS 18600 (8th Cir. July 29, 2024). The company here orally consented to an administrative search for a workplace violation. While the notice … Continue reading

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CA5: San Antonio’s rental property inspection program doesn’t mandate inspections without warrant; preliminary injunction properly denied

“Although the Complexes are correct that the Fourth Amendment applies to the City’s inspectors, the PAIP [rental property inspection program] on its face does not authorize or mandate warrantless searches. Section 6-71, titled ‘Monitoring, inspection, and condition standard,’ does not … Continue reading

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MS applies exclusionary rule to code enforcers

A code enforcement officer violated the Fourth Amendment and the exclusionary rule is applied. JDB Rentals, LLC v. City of Verona, 2024 Miss. App. LEXIS 290 (July 16, 2024). Defendant waived (or abandoned) any reasonable expectation of privacy in his … Continue reading

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CA2: Briefly seeing occupants of a house searched nude was not unreasonable

Under Los Angeles County v. Rettele, plaintiffs’ nude exposure to searching officers during a raid on a home wasn’t unreasonable. Jury verdict for defendants affirmed. Also, this was not a strip search. Miller v. City of N.Y., 2024 U.S. App. … Continue reading

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W.D.Wash.: State admin. health and safety SW against private ICE jail not enjoined

The State of Washington got an administrative search warrant for a workplace inspection of a private jail operating for immigration. The jail sought federal removal and an injunction which is denied. Washington state law requires these workplace inspections, and GEO’s … Continue reading

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N.D.N.Y.: Rent control is not an unreasonable 4A search

“This action concerns New York’s Emergency Tenant Protection Act (‘ETPA’)–specifically N.Y. Unconsol. Law § 8623(d)-(f).” The preliminary injunction is denied because plaintiff is unlikely to prevail. Plaintiff claimed rent control was an unreasonable seizure. It’s not because this is a … Continue reading

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CA10: Kansas Pet Animal Act did not satisfy the closely regulated industries exception

The Kansas Pet Animal Act did not satisfy the closely-regulated-industries standards of Burger and Patel. Johnson v. Smith, 2024 U.S. App. LEXIS 14019 (10th Cir. June 10, 2024):

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NE: LEO’s statutory jurisdictional authority is not an unreasonable search and seizure question

A law enforcement officer’s statutory power and authority to enforce laws outside of the officer’s primary jurisdiction does not implicate the Fourth Amendment or article I, § 7, of the Nebraska Constitution. State v. Hoehn, 316 Neb. 634 (May 17, … Continue reading

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DC: Accepting a law license is consent to trust account subpoenas

Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading

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E.D.Ark.: Landlord and tenant refused rental property inspection and SW was validly issued and protected privacy interests

The renter of property has a Fourth Amendment right in the property under the city rental inspection code but not if a warrant is issued. Here, the owner and tenant refused inspection and entry, and the city obtained an administrative … Continue reading

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OR: Police listening to attorney-client jail calls because attorney calls not properly segregated leads to dismissal of some counts and setting aside guilty plea

The jail computer controlled phone system did not properly block attorney-client telephone calls, and the police listened to defense counsel’s conversations with defendant in jail. The police then used that information to supersede the indictment. Prejudice is presumed. State v. … Continue reading

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OSHA final rule permits representatives of company on walk through inspections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.ACTION: Final rule. [Effective 60 days after publication in Federal Register]SUMMARY: In this final rule, OSHA is amending its Representatives of Employers and Employees [i.e., union reps] regulation to clarify that the representative(s) … Continue reading

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D.Del.: Claiming a state administrative subpoena creates a “Fourth Amendment defense” is frivolous; removal denied, attorneys fees imposed

The Delaware DOJ sought records in an administrative proceeding against the defendant, and the defendant claimed the subpoena violated the Fourth Amendment and attempted to remove the whole case to federal court because that was a federal defense. This is … Continue reading

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OH7: Ohio SW can be for info on California server; SCA contemplates it and CA law says providers must comply with out-of-state process

Defense counsel wasn’t ineffective for not challenging a social media account search warrant issued in Ohio on a California server. The SCA contemplates this, and California law directs computer companies to honor process from other states. Defendant can’t win on … Continue reading

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