SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

usiness under authority of the Gun Control Act (18
U.S.C. §§ 921 et seq.), upheld.
People v. Lee (1986) 186 Cal.App.3 rd 743, 749, finding a
warrantless entry into the private areas of a business (for
the purpose of an arrest, in this case), does not affect the
applicability of a regulatory scheme authorizing warrantless
inspections of the private areas of some regulated
businesses, unless the search is being conducted for the
purpose of seeking contraband or evidence of crime under
the guise of an administrative warrant. (Donovan v. Dewey
(1981) 452 U.S. 594, 598, fn. 6 [69 L.Ed.2 nd 262, 268].)
Use of an administrative, or “inspection” warrant, issued by a court
for the purpose of regulating building, fire, safety, plumbing,
electrical, health, labor or zoning codes, does not justify an entry
by police to make an arrest given the lesser proof standards needed
to obtain an administrative warrant. If an entry is effected for the
purpose of arresting the occupant, an arrest warrant will have to be
obtained. (Alexander v. City and County of San Francisco (1994)
29 F.3 rd 1355.)
Other California or United States Regulatory/Administrative Searches:
Vehicle Code:
Penal Code:
V.C. § 13353: Blood or breath test for D.U.I. arrestees.
(Schmerber v. California (1966) 384 U.S. 757 [16 L.Ed.2 nd
980].)
V.C. § 320(b): Auto dismantlers.
V.C. § 2805: California Highway Patrol and auto theft
detectives searching for stolen parts at various businesses
dealing in vehicles. (People v. Woolsey (1979) 90
Cal.App.3 rd 994; People v. Calvert (1993) 18 Cal.App.4 th
1820; People v. Potter (2005) 128 Cal.App.4 th 611.)
See “Searches of Vehicles,” below.
P.C. § 171e: Inspection of a firearm to determine whether
it is loaded for purposes of P.C. §§ 171c & 171d (Firearms
in state buildings and governmental residences.)
© 2012 Robert C. Phillips. All rights reserved
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