Category Archives: Administrative search

CA3: Coast Guard needs only RS to board a vessel to inspect the Oil Record Book about pollution

The Coast Guard had the authority under 14 U.S.C. § 522(a) to conduct a pollution inspection of defendant’s vessel and look at the Oil Record Book. “The Coast Guard’s preliminary examination of the Oil Record Book and Oily Water Separator … Continue reading

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MS: No REP in contraband cell phone in prison

There is no reasonable expectation of privacy in a contraband cell phone in prison. United States v. Jackson, 866 F.3d 982 (8th Cir. 2017). Walker v. State, 2021 Miss. App. LEXIS 502 (Dec. 7, 2021). Accord: United States v. Basaldua, … Continue reading

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TX3: REP in car parked on curtilage; plain view suppressed

The trial court’s suppression order is affirmed. Defendant had a reasonable expectation of privacy in his curtilage and his car parked there. The plain view inside his car and then the search was unreasonable. State v. Serna, 2021 Tex. App. … Continue reading

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TN: Civil investigative demand in deceptive trade practices case was reasonable

The Attorney General’s request for information (a subpoena) in a deceptive trade practices case was reasonable in scope and reasonably related to the AG’s authority under the statute. In re Investigation of Wall & Assocs., 2021 Tenn. App. LEXIS 449 … Continue reading

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D.N.M.: Modified civil investigative demand wasn’t shown to be unreasonable

The petitioner doesn’t show that the civil investigative demand in a fraud case was unreasonable under the Fourth Amendment or that it could not reach accommodation with the government. In re Civil Investigative Demand No. 21mc24 WJ/SCY, 2021 U.S. Dist. … Continue reading

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VI: A commercial vehicle can’t be stopped and searched merely because of its status

Defendant’s commercial truck was subjected to an inspection stop by a motor carrier officer and a police officer. The prosecution failed to prove that the administrative search of the truck was justified: “The established law does not support the People’s … Continue reading

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N.D.Ga.: No right to pre-execution litigation of an OSHA administrative SW

There is no right to a pre-enforcement motion to quash an OSHA administrative warrant, despite the fact the whole process occurs quickly. The company has a post-execution process to remedy alleged violations. United States v. Foundation Foods Group, 2021 U.S. … Continue reading

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TX2: No REP in pawned property

Defendant pawned property that wasn’t his. The police went and picked it up within the period he could have redeemed. There was no reasonable expectation of privacy in bailed property at a pawnshop. Moreover, pawnshops are highly regulated businesses where … Continue reading

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CA6: Parking enforcement chalking not a valid administrative search but QI immunity applies

“The City of Saginaw routinely chalked car tires to enforce its parking regulations. In our prior opinion, we held that doing so is a search for Fourth Amendment purposes, and that ‘based on the pleadings stage of this litigation, … … Continue reading

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N.D.Ill.: No federal right to challenge administrative SW before execution

“[F]ederal decisions outside this circuit do not change the Court’s conclusion that Anthony Marano has no pre-execution right to judicial review of the administrative inspection warrant.” In re Establishment Inspection of Anthony Marano Co., 2021 U.S. Dist. LEXIS 157819 (N.D.Ill. … Continue reading

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D.N.M.: Truck inspection stop valid admin search under Burger

The New Mexico regulatory scheme for truck inspections has already been held to satisfy Burger. Stopping defendants’ truck for inspection at an inspection station was reasonable under that standard. On opening the trailer to compare to the bills of lading, … Continue reading

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CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout, 2021 Conn. … Continue reading

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Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth

Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth by Niara Savage (“A Black Los Angeles couple says officers stormed their … Continue reading

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CA9: Massage parlor “closely regulated business” under CA law

A massage parlor is a closely regulated business under New York v. Burger, and it has been for 40 years. The operators thus had no reasonable expectation of privacy against inspections. Killgore v. City of S. El Monte, 2021 U.S. … Continue reading

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N.D.Ga.: No constitutional right to pre-enforcement challenge to an OSHA administrative warrant

There is no constitutional right to pre-enforcement challenge to an OSHA administrative warrant. “FFG contends that it has the constitutional right to a pre-execution challenge of OSHA’s warrant. [Doc. 14 at 4-5]. After a review of the record, the Court … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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W.D.Wash.: Test-firing a firearm to help identify it is a reasonable search

“The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained … Continue reading

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CA9: Changing argument from disputing facts of PC to facts don’t show PC is waiver

“Bruno changed his argument on appeal. In the district court, he disputed the government’s factual representations supporting the search of his apartment. On appeal, he no longer argues that the search warrant application contained factual inaccuracies or material omissions. Rather, … Continue reading

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CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

Defendants argued that an administrative search was a pretext for a criminal search. A later search warrant was based on independent information from state wiretaps. “Here, assuming arguendo that the administrative search was improper, suppression of the evidence obtained from … Continue reading

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NY: Tenants can consent to a rental property inspection

In a rental property inspection, the tenants consented, and that was constitutionally sufficient. Town of Huntington v. CFLNYNY, LLC, 2021 NY Slip Op 50009(U), 2021 N.Y. Misc. LEXIS 27 (Suffolk Co. Jan. 7, 2021).* There was probable cause for a … Continue reading

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