D.Alaska: Admin. inspections of intrastate goldmines are legal under Mine Safety and Health Act

The Mine Safety and Health Administration sought an inspection of the respondent goldmine based on safety complaints it had received. The Fourth Amendment does not require an administrative warrant for an inspection. “Regulatory inspections pursuant to the Mine Act are legal.” Su v. Alaska Goldmine LLC, 2023 U.S. Dist. LEXIS 196475 (D. Alaska Nov. 1, 2023).

Petitioner’s 2254 fails because the state court ruled against him on the merits of the search in the state post-conviction proceeding. “Because Petitioner’s underlying Fourth Amendment claim lacks merit, his ineffective assistance claim premised upon counsel’s failure to move to suppress the CSLI evidence and subsequent arrest necessarily fails.” Moore v. Howard, 2023 U.S. Dist. LEXIS 194822 (W.D. Mich. Oct. 31, 2023).*

The state argued there was reasonable suspicion for defendant’s stop regardless of the constitutionality of the DWI roadblock the police set up. On appeal, it’s apparent that they didn’t until the stop occurred. Suppression affirmed. State v. Varela-Coronado, 2023 N.M. App. LEXIS 87 (Oct. 30, 2023).*

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