• Last updated on November 11, 2022

The Supreme Court found that warrantless inspections or “searches” by Occupational Safety and Hazards Act (OSHA) inspectors violated the Fourth Amendment.

A 5-3 majority of the Court in this case declared warrantless searches of businesses by Occupational Safety and Hazards Act (OSHA)Occupational Safety and Hazards Act (OSHA) inspectors to be violations of the Fourth Amendment. Although the Court had allowed warrantless searches of gun and liquor dealers because of the special nature of those businesses, the Court found that obtaining warrants would not impose an undue burden on OSHA inspectors. In Camara v. Municipal Court[case]Camara v. Municipal Court[Camara v. Municipal Court] (1967), the Court found that historical notions of probable cause do not have to be found before a warrant is issued if an inspection follows “reasonable legislative or administrative standards.” In Barlow’s, the Court held that OSHA inspection warrants must be issued for a specific business as a result of a reasonable, neutral, general plan.Search warrant requirement;Marshall v. Barlow’s[Marshall v. Barlow’s]

Exclusionary rule

Fourth Amendment

Search warrant requirement

Categories: History