N.D.Ill.: PC for admin. warrant became stale before it was sought

This administrative search warrant under OSHA became stale by the government’s delay in seeking it and litigation delays. Also, USMJs have jurisdiction to issue administrative inspection warrants. F.R.C.P. 72 objections do not apply to administrative warrants because they frustrate enforcement of the law. In re Establishment Insp. of Anthony Marano Co., 2022 U.S. Dist. LEXIS 230434 (N.D. Ill. Dec. 22, 2022).

“Robles’ and Cardona’s responses to Trooper Meeks’ questions raised reasonable suspicion. Robles’ statement that Cardona was traveling to visit her ill sister for a week was contradicted by Cardona’s version that they were in Arkansas to visit a friend for a day or two. Robles’ report of how they had acquired the suitcase from an unspecified person and that they were to take it to another person also gave rise to reasonable suspicion. Trooper Meeks also observed that both Robles and Cardona appeared nervous. Given these specific and articulable facts, Trooper Meeks had reasonable suspicion that further investigation was warranted.” United States v. Robles, 2022 U.S. App. LEXIS 35379 (8th Cir. Dec. 22, 2022).*

Defendant’s Franks challenge fails on appeal for lack of materiality, but he wins on his drug count for lack of proof of intent. Otherwise, affirmed. United States v. Belk, 2022 U.S. App. LEXIS 35468 (4th Cir. Dec. 22, 2022).*