MBE Rules · Criminal Procedure

Administrative / regulatory searches

Camara / Burger

The rule

Administrative inspections of homes and most businesses require an area warrant based on neutral criteria (not individualized probable cause). Closely regulated industries (firearms, liquor, junkyards, mining) may be inspected without a warrant if (1) a substantial government interest, (2) inspection necessary to further the scheme, and (3) the statute provides a constitutionally adequate substitute for a warrant.

In plain English

Routine health and safety inspections use a diluted warrant standard; heavily regulated businesses have essentially no reasonable expectation of privacy in their regulated activities.

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