AL - INFO GATHERING

Question 1

Authority to Inspect

Answer 1

Agencies may not conduct inspections, or otherwise gather information, without legal authority.

Question 2

Searches & Seizures

Answer 2

While normally a warrant is required (as a constitutional constraint on information gathering) before government agents may enter and inspect a business to monitor compliance with regulatory requirements, the Supreme Court has recognized exceptions to normal Fourth Amendment requirements for administrative searches.

Question 3

Pervasively Regulated Business

Answer 3

Pervasively regulated businesses may be inspected without warrants as long as the regulatory (1) scheme is supported by a substantial government INTEREST, (2) warrantless searches are necessary to ADVANCE the government interest, and (3) the standards governing inspections under the regulatory scheme provide an ADEQUATE SUBSTITUTE for the warrant procedure.