Question

1. Would Trinity’s case against OSHA have been stronger if the inspectors showed up with the marshals and forcibly searched the premises without first attempting to inspect without a warrant? Why or why not?
2. What are some examples of when the probable cause standard for administrative warrants would not be met?

Trinity’s managers initially turned OSHA compliance officers away when they arrived at the facilities of Trinity to conduct an inspection. OSHA returned with federal marshals and an administrative warrant and were granted access. Trinity later brought an action against OSHA, contending the warrant had been issued without probable cause. Trinity argued that refusal by a party to honor an administrative warrant should trigger a contempt of court proceeding to determine the validity of the warrant, but that the government may not use force or arrest to enforce an administrative warrant.



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  • CreatedNovember 06, 2014
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