Inspections and Searches

Also see Police Power / Administrative Law / Reporting and Testing

Federal Court Cases on Administrative Searches

Slides reviewing key administrative search cases

Riley v. California, 134 S. Ct. 2473, 189 L. Ed. 2d 430 (2014) - Police need a warrant to search a cell phone.

Abuse of discretion and excessive force in administrative searches - Berry v. Leslie, 13-14092, 2014 WL 4558168 (11th Cir. Sept. 16, 2014)

United States v. Grubbs, 547 U.S. 90 (2006) - Anticipatory warrants must have a specific triggering event that meets probable cause requirements.

Supreme Court Rejects Drug Testing of Pregnant Women for Criminal Prosecution - Ferguson v. City of Charleston, __ U.S. __ 121 S.Ct. 1281, 149 L.Ed.2d 205 (2001)

General Auto Checkpoints Violate 4th Amendment - City of Indianapolis v. Edmond, 531 U.S. 32 (2000)

Specific complaints do not support area warrants, but improperly obtained information may be used - Trinity Industries Inc. v. Occupational Safety and Health Review Commission, 16 F.3d 1455 (6th Cir. 1994)

Breeding rabbits for research is a pervasively regulated industry for administrative inspections - Lesser v. Espy, 34 F.3d 1301 (7th Cir. 1994)

Warrantless administrative inspections can support criminal convictions in "closely regulated" industries - New York v. Burger, 482 U.S. 691 (1987), but see: NY rejects "closely regulated industry" exception on state constitutional grounds - People v. Scott, 79 N.Y.2d 474, 593 N.E.2d 1328, 583 N.Y.S.2d 920(N.Y. 1992)

Court sets standards for school search of student's property - New Jersey v. T. L. O., 105 S. Ct. 733, 469 U.S. 325 (1985)

Customs Agents Can Search Ships in Commerce Without A Warrant - United States v. Villamonte-Marquez, 462 U.S. 579 (1983)

Warrantless Searches allowed under federal mining regulations - Donovan v. Dewey et al., 101 S. Ct. 2534, 452 U.S. 594 (1980)

Good review of the 4th Amendment Warrant Clause - Payton v. New York, 100 S. Ct. 1371, 445 U.S. 573 (1980)

Supreme Court requires area warrants for OSHA searches - Marshall v. Barlow's, 98 S. Ct. 1816, 436 U.S. 307 (1978)

Supreme Court Standards for Administrative Warrants in Arson Investigations - Michigan v. Tyler, 436 U.S. 499, 98 S.Ct. 1942, 56 L.Ed.2d 486 (1978)

Investigation of sexual contacts can trigger 5th amendment self-incrimination - Matter of Grant, 83 Wis. 2d 77, 264 N.W.2d 587 (1978)

Supreme Court allows warrantless entry of regulated industries - U.S. v. Biswell, 406 U.S. 311, 92 S.Ct. 1593, 32 L.Ed.2d 87 (1972)

The Supreme Court Requires Area Warrants - Camara V. Municipal Court City And County, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967)

SC Extends Area Warrant Requirement to Commercial Businesses - See v. Seattle, 387 U.S. 541, 18 L. Ed. 2d 943, 87 S. Ct. 1737 (1967)

SC Upholds Conviction for Resisting Warrantless Administrative Search - Modified by See and Camara - Frank v. Maryland, 359 U.S. 360 (1959)

Weeks v. U.S., 34 S. Ct. 341, 232 U.S. 383 (1914) - Supreme Court creates the exclusionary rule for federal agents

State Cases

Court analyzes when requiring the defendant to provide an encryption key would trigger the Act of Production Doctrine and be covered by the 5th Amendment - Com. v. Gelfgatt, 468 Mass. 512 (Mass 2014).

Restaurant inspection provides adequate due process for restaurant closing - Camuglia v. The City of Albuquerque, 448 F.3d 1214 (10th Cir. 2006) - lower court: Camuglia v. City of Albuquerque, 375 F.Supp.2d 1299 (D.N.M. 2005)

Standards for administrative warrants and nuisance abatement orders - Thurston County v. Sager, 122 Wash.App. 1036, 2004 WL 1616892 (unpublished) (Wash.App. Div. 2 2004)

Habeas corpus review of an arrest based on a failure to surrender a dog without a warrant - In re Quackenbush, 41 Cal.App.4th 1301, 49 Cal.Rptr.2d 147 (Cal.App. Dist. 1996)

The McReady Trilogy - Standards for inspection warrants - municipal court cannot issue area warrants - City of Seattle v. McCready, 123 Wash. 2d 260, 868 P.2d 134 (Wa. 02-24-1994) - McCready I; Tenants can consent to administrative searches - City of Seattle v. McCready, 124 Wash. 2d 300, 877 P.2d 686 (Wa. 08-04-1994) - McCready II; Landlords cannot recover attorney's fees for constesting area warrants - City of Seattle v. McCready, 931 P.2d 156, 131 Wash.2d 266 (Wash. 1997) - McReady III

Traffic Stops and Public Health and Safety - Commonwealth v. Rodriguez, 430 Mass. 577, 722 N.E.2d 429 (Mass. 2000)

Court upholds warrantless search of restaurant, addresses appointment of counsel and unrelated criminal activity - City of Chicago v. Pudlo, 123 Ill. App.3d 337, 462 N.E.2d 494 (Ill.App. Dist.1 1983)

State Attorney General Opinions

Authority of the Texas State Board of Podiatric Medical Examiners to conduct warrantless on-site compliance inspections of its licensees and their premises

Whether the Polygraph Examiners Board may inspect a polygraph examiner's work product in the examiner's place of business without a search warrant, and related question.

Whether certain provisions of the Texas Controlled Substances Act that authorize warrantless administrative searches violate article I, section 9 of the Texas Constitution.