An agent of the Pennsylvania Department of Environmental Resources saw Disposal Service's loaded trash truck backing into a building that was used to compact waste to be loaded onto tractor-trailers for transportation and final disposal. Knowing the building's purpose and that Disposal Service did not have a permit to operate it as a transfer station, as required by the state Solid Waste Management Act (SWMA), the agent entered the property, went into the building, and observed the operation. Disposal Service was later prosecuted for operating a transfer station without a permit. Disposal Service moved to suppress the agent's evidence, arguing that his warrantless entry onto the property violated the Fourth Amendment. The state argued that the SWMA's provisions allowing such warrantless inspections were constitutional. Should the evidence be suppressed?

  • CreatedJuly 16, 2014
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