Marshall v. Barlow’s
Marshall v. Barlow’s is a significant Supreme Court case that addressed the balance between regulatory inspections and individual rights under the Fourth Amendment. The case involved the Occupational Safety and Health Administration (OSHA) and its authority to conduct warrantless inspections of businesses. The Court ruled in a 5-3 decision that such warrantless searches constituted a violation of the Fourth Amendment, which protects against unreasonable searches and seizures.
While the Court had previously allowed warrantless inspections in certain industries, like gun and liquor sales, it determined that requiring warrants for OSHA inspections would not create an excessive burden on inspectors. The decision emphasized that inspection warrants must follow established, reasonable, and neutral standards and be specific to individual businesses. This ruling underscored the importance of procedural safeguards in regulatory oversight and the protection of constitutional rights, particularly in the context of workplace safety and health regulations.
Marshall v. Barlow’s
Date: May 23, 1978
Citation: 436 U.S. 307
Issue: Search warrant requirement
Significance: 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) 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 (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.
