{"id":61360,"date":"2025-06-27T08:14:57","date_gmt":"2025-06-27T13:14:57","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61360"},"modified":"2025-06-27T08:14:57","modified_gmt":"2025-06-27T13:14:57","slug":"wa-admin-search-entry-through-employee-entrance-tailgating-employee-into-building-violated-statute-and-was-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61360","title":{"rendered":"WA: Admin. search entry through employee entrance tailgating employee into building violated statute and was suppressed"},"content":{"rendered":"\n<p>\u201cThis appeal asks us to decide whether Department of Labor and Industries (DLI) inspectors possessed authority to tailgate a fitness club member through an otherwise locked door into the fitness club to ask for permission to inspect the business premises for employees working during the COVID-19 pandemic when the business should have been closed. In answering this question, we interpret RCW 49.17.070, which authorizes inspectors to enter commercial premises at \u2018a reasonably recognizable entry point.\u2019 We also apply Fourth Amendment principles. We conclude that tailgating behind an entrant who opened an outside door with her keycard constituted an unreasonable point of entry and violated the fitness club owner&#8217;s reasonable expectation of privacy. Thus, we affirm the superior court&#8217;s dismissal of a citation against Bradshaw Development, Inc. for violating Proclamation by Governor Jay Inslee, No. 20-25.4 (Wash. May 31, 2020), \u2026 and WAC 296-800-14035.\u201d <a href=\"https:\/\/www.courts.wa.gov\/opinions\/pdf\/403602_pub.pdf\">Bradshaw Dev., Inc. v. Wash. State DOL<\/a>, 2025 Wash. App. LEXIS 1261 (June 26, 2025).<\/p>\n\n\n\n<p>After defendant pled guilty and was sentenced, he filed a 2255 claiming ineffective assistance of counsel for not moving to suppress. Defense counsel told him one would fail, without explanation. The plea waived the search claim. \u201cThird, the government responds that, while defendant now faults counsel for failing to seek to suppress evidence seized from the searches, he fails to identify any \u2018unlawful\u2019 search or seizure or that a motion to suppress would have been successful. The United States is correct on all counts.\u201d Blackburn v. United States, 2025 U.S. Dist. LEXIS 121657 (E.D. Tenn. June 26, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThis appeal asks us to decide whether Department of Labor and Industries (DLI) inspectors possessed authority to tailgate a fitness club member through an otherwise locked door into the fitness club to ask for permission to inspect the business premises &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61360\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,23],"tags":[],"class_list":["post-61360","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61360","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=61360"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61360\/revisions"}],"predecessor-version":[{"id":61361,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61360\/revisions\/61361"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}