There is no constitutional right to pre-enforcement challenge to an OSHA administrative warrant. \u201cFFG 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 finds that Judge Fuller’s invocation of and reliance on the Fifth Circuit’s decision in Trinity Marine, supra, was sound. [R&R at 3-5]. The Fifth Circuit’s conclusion in Trinity Marine is quite clear – it rejected the \u2018claim that there is a constitutional right \u2026 to contest an administrative warrant’s validity in federal court before its execution,\u2019 concluding instead that \u2018there is no constitutional right to a pre-execution contempt hearing.\u2019 512 F.3d at 202. FFG’s arguments against following Trinity Marine are unconvincing, and the Court agrees with Judge Fuller that its reasoning applies with \u2018equal force\u2019 here. [R&R at 5 & n.4].\u201d United States v. Foundation Food Groups, 2021 U.S. Dist. LEXIS 118529 (N.D. Ga. June 8, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"
There is no constitutional right to pre-enforcement challenge to an OSHA administrative warrant. \u201cFFG 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