Marshall v. Barlow’s, Inc.

PETITIONER:Marshall
RESPONDENT:Barlow’s, Inc.
LOCATION:Department of Social Services of the City of New York

DOCKET NO.: 76-1143
DECIDED BY: Burger Court (1975-1981)
LOWER COURT:

CITATION: 436 US 307 (1978)
ARGUED: Jan 09, 1978
DECIDED: May 23, 1978

ADVOCATES:
John L. Runft – for appellee
McCree Jr.

Facts of the case

p>On September 11, 1975, a controller of Occupational Safety and Health Administration (OSHA) came to Barlow`s, Inc. that dealt with electrical and plumbing equipment. The controller demanded Bill Barlow, the president and general chief, for permission to visit the non-public premises to exercise the examination. He explained it that their company was chosen to be inspected as scheduled in accordance with OSHA`s general inspection plan. The president asked for a warrant to conduct these actions, but the inspector didn`t have it. Then he didn`t allow to the controller to enter in that places arguing that the Fourth Amendment protection of the unauthorized seizure and search. Three months after this accident the Secretary of OSHA filed a claim to the District Court of Idaho demanding to uphold the order to request the director to allow the inspector to premises.