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Administrative Law Keyed to Popper
Marshall v. Barlow’s, Inc.
Citation:
436 U.S. 307 (1978)Facts
On September 11, 1975, an OSHA compliance officer entered the customer service area of Barlow’s, Inc., an electrical and plumbing installation business in Pocatello, Idaho. After presenting his credentials to the company’s president, Ferrol G. “Bill” Barlow, the inspector requested to conduct a search of the working areas of the business. When Barlow inquired whether any complaint had been received about his company, the inspector informed him that Barlow’s had simply been selected through the agency’s routine administrative process. Barlow asked if the inspector had a search warrant, and upon learning he did not, refused entry, citing his Fourth Amendment rights. Three months later, the Secretary of Labor petitioned the federal district court for an order compelling Barlow to admit the inspector. Although the court issued the order, Barlow again refused entry and sought his own injunctive relief against warrantless searches authorized by OSHA. The case ultimately reached the Supreme Court, which had to determine whether OSHA’s statutory authorization of warrantless workplace inspections violated the Fourth Amendment’s protection against unreasonable searches.
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