Wednesday, June 08, 2005

Administrative search of salvage yard ok'd

U.S. v. Johnson, 2005 WL 1283833 (6/1/05) - A reversal of the granting of a motion to suppress. The officers acted reasonably pursuant to a statute allowing an administrative search of salvage yards, [a closely regulated business], because they acted based on "vague" suspicions of criminal activity, not "direct criminal" suspicions. There is nothing unconstitutional about embarking on an administrative inspection as long as the degree of suspicion is that low. The search of the defendant's toolbox which could contain VIN plates and that was next to motorcycles without VIN plates was within the scope of the inspection statute. The officers relied in good faith on the constitutionality of the statute, which had been upheld by the Oklahoma courts. The d.ct. was wrong to rely on the subjective motives of the officers to find something illegal regarding the defendant. Where officers are engaged in a proper administrative search, their subjective motivations are irrelevant.

0 Comments:

Post a Comment

<< Home