Administrative Search Research Paper
Administrative Search
Name:
Institution:
Over the years the courts have continuously expressed doubt on whether the Fourth Amendment should apply to inspections under administrative search. There are instances where the courts allows authorities to search the property of other or even a person. Often, the Court has held that administrative searches differs from police search in crimes such as; robbery/ burglary, rape, or murder. Accordingly, the Court has imposes different and reduced requirements for administrative searches and in some instances the Court has ruled in favor for warrantless administrative searches. For instance, in Frank v. Maryland the court held that some administrative inspections like fire, health or housing inspections did not require warrants since they were widely accepted by the public. However, Camara v. Municipal Court the ruling held that even an administrative search should conform to the Forth
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For example, in emergency situations a warranty is not required especially if it involves the seizure of unwholesome food, smallpox vaccinations, health quarantines, or the danger may have significant effect on a large population. Thus, warrantless administrative search kin airports is permissible under the constitution (Weaver, 2013).
References
Camara v. Mun. Court, 387 U.S. 523 (1967).
Fourth Amendment--Administrative Searches and Seizures. (1978). Journal of Criminal Law and Criminology Vol 69 (4), 552-562.
Frank v. Maryland , 359 U.S. 360 (1959).
Terry vs. Ohio, 392 U.S. 1 (1968).
Thomson Reuters. (2015). Annotation 1 - Fourth Amendment: Search and Seizure. Retrieved from http://constitution.findlaw.com/amendment4/annotation01.html
Weaver, R. (2013). Administrative Searches, Technology and Personal Privacy. William & Mary Bill of Rights Journal Volume 22 Issue 2,
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