holding that a warrant was properly issued upon complaint by a former employee: “To deny warrant applications solely because criminal probable cause is lacking would frustrate compliance review and defeat attainment of the policy objectives of the Act.”
How later courts described this case
- holding that a warrant was properly issued upon complaint by a former employee: “To deny warrant applications solely because criminal probable cause is lacking would frustrate compliance review and defeat attainment of the policy objectives of the Act.”
- search under Federal Coal Mine Health & Safety Act of 1969
- Federal Coal Mine Health & Safety Act of 1969
Written by the judges who cited it.
The opinion
ENGEL, Circuit Judge,
concurring.
While I find myself in general agreement with much of the majority opinion, certain issues relating to administrative searches and seizures covered therein are sufficiently troublesome to persuade me that we should save their resolution until the case arises which demands it. Since I am fully satisfied that the government’s affidavits meet the more stringent standards of Aguilar and Spinelli and since this is sufficient to uphold the search and seizure in any event, I concur in reversal and remand.