Investigation - Agency power to acquire information

Question 1

Does an agency require a warrant to conduct administrative searches and inspections?

Answer 1

Yes, they are subject to 4th amendment warrant requirement. Must show probable cause.

Question 2

So what is justifiable probable cause?

Answer 2

1) Specific evidence of existing violation; or

2) Showing inspections are part of a general administrative plan.

Question 3

What are the exceptions to warrant requirements?

Answer 3

1) Can enter premises that are open to public without consent;
2) Act on observations;
3) It is a heavily regulated business.

Question 4

For heavily regulated business inspections, what criteria must be met?

Answer 4

Search must be reasonable, conducted according to regulatory schemes advancing government interests and necessary to further that scheme. Must advise owner subject to it and have limits on inspector discretion.

Question 5

Can evidence seized in an unlawful search be used? is it admissible?

Answer 5

Yes, courts balance social benefits from excluding evidence against costs.

Question 6

What is an agency subpoena?

Answer 6

Agency can issue subpoena with investigations of possible violations of statutes and rules. They are non-judicial investigative subpoenas.

Question 7

What must an agency show to be able to issue a subpoena?

Answer 7

1) factual basis to establish the relevancy of the information sought; and
2) the materials sought havE a reasonable relation to the subject matter under investigation and public ur pose to be achieved.

Question 8

What about if it is acting on a third party compliant?

Answer 8

Cannot issue until establishing authenticity:

1) Reliability of complaint.
2) Basis for their knowledge.
3) Authenticating detail found in their complaint.

Question 9

When can a subpoena be challenged?

Answer 9

1) Not validly issued.
2) Issuing agency doesnt have jurisdiction over matter
3) Material sought not relevant
4) Subpoena is burdensome/overbroad.

Question 10

What does the issuer of a subpoena must demonstrate if a motion to quash the subpoena is made (hint: same as issuing grounds)

Answer 10

1) factual basis to establish the relevancy of the information sought; and
2) the materials sought havE a reasonable relation to the subject matter under investigation and public ur pose to be achieved.