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Article: Warrantless administrative searches under environmental laws: the limits to EPA inspectors' statutory invitation.(1995 Ninth Circuit Environmental Review)
- Article from:
- Environmental Law
- Article date:
- September 22, 1996
- Author:
CopyrightCOPYRIGHT 1996 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
The Fourth Amendment to the U.S. Constitution protects citizens' privacy from unreasonable searches and seizures that are unsupported by a warrant based on probable cause.(1) As a general rule, a warrantless inspection of a private dwelling by a municipal administrative officer without proper consent is unconstitutional.(2) The U.S. Supreme Court extended this general rule to protect business owners and operators because they also have an expectation of privacy against unreasonable administrative searches of their commercial property.(3) The rule is not absolute. Supreme Court decisions have created numerous exceptions to the search warrant ...
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Article: Association of Corporate Counsel Files Amicus in Ninth ...
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March 4, 2009 ;
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... ... v-SDI-filed.pdf) to protect Fourth Amendment rights against unlawful search and ... concern about the deterioration of the Fourth Amendment in a panel opinion of U.S. v ... operators and officers on possible Fourth Amendment rights' violations or whether their ...
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