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Even in a pervasively regulated industry, a warrantless inspection will be deemed reasonable only if three criteria are satisfied. First, there must be a substantial government interest in the regulatory scheme under which the inspections are conducted. New York v. Burger, 482 U.S. at 713; State v. Turcotte, 239 N.J. Super. at 292. Second, the warrantless inspection must be necessary to further the regulatory scheme. Burger, 482 U.S. at 702; Turcotte, 239 N.J. Super. at 292. Finally, the regulatory inspection “in terms of the certainty and regularity of its application, must provide a constitutionally adequate substitute for a warrant.” Burger, 482 U.S. at 703; Turcotte, 239 N.J. Super. at 293. Analogizing participation in school sports to participation in closely regulated industries, the United States Supreme Court upheld random urinalysis drug testing of school athletes without showing of individual suspicion. Vernonia School Dist. 47.1 v. Acton, 515 U.S. 646, 115 S.Ct. 2386, 132 L.Ed.2d 564, 577(1995).
If you or your family has had a search of your personal property, vehicle or person, without a search warrant being served, speak with a criminal defense firm who is experienced in challenging search warrants and searches without warrants in NJ. The lawyers at Aiello, Harris, Abate have the experience and knowledge to protect your rights and defend you against criminal charges. For a free initial consultation, call us today at (908) 561-5577 or contact us online. Your initial consultation is free.
