Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

ME: Presence of narcotics officer expanded administrative search

By John Wesley Hall, Jr.

An administrative warrant that has a valid basis under Burger is proper even if a possible crime is expected to be found. Here, a pub with a liquor license was subjected to an unannounced entry. Narcs came with the fire inspector and when to the third floor residence, and the narc's presence there was unreasonable and unconstitutionally violated the administrative warrant. Marijuana was seen on the third floor, outside of the area subject to inspection. State v. Johnson, 2009 ME 6, 2009 Me. LEXIS 6, (January 13, 2009) (pending 19 months after argument): [*P45] This lack of record support for any authority to extend the inspection beyond the second floor is fatal to both of the theories advanced by the State on appeal that the search of the third floor stairwell was constitutionally justified...continue to full post

Full post as published by Fourth Amendment on January 18, 2009 (boomark / email).