Definition : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usu. to enforce compliance with regulations or laws pertaining to health, safety, or security <one of the fundamental principles of administrative searches is that the government may not use an administrative inspection scheme as a pretext to search for evidence of criminal violations People v. Madison, 520 N.E.2d 374 (1988)> see also probable cause at cause The U.S. Supreme Court held in Camara v. Municipal Court, 387 U.S. 523 (1967), that a reasonable administrative search may be conducted upon a showing of probable cause which is less stringent than that required for a search incident to a criminal investigation. The Court stated that the reasonableness of the search can only be determined by «balancing the need to search against the invasion which the search entails." Cases following Camara have stated that the probable cause requirement is fulfilled by showing that the search meets reasonable administrative standards established in a nonarbitrary regulatory scheme.
Disclaimer: The information provided on Lawyers.com is not legal advice, Lawyers.com is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on Lawyers.com are paid attorney advertisements and do not in any way constitute a referral or endorsement by Lawyers.com or any approved or authorized lawyer referral service. Your access of/to and use of this site is subject to additional Terms and Conditions.