Neha Shah Chapter 43

Neha Shah Chapter 43 - Knott had no reasonable expectation...

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th , 2011 43-2: The court will consider whether the agency followed the procedures prescribed in the Administrative Procedure Act (APA).Ordinarily, courts will not require agencies to use procedures beyond those of the APA. Courts will, however, compel agencies to follow their own rules. If an agency had adopted a rule granting extra procedures, the agency must provide those extra procedures, at least until the rule is formally rescinded. Ultimately, in this case, the court will most likely rule for the food producers. 43-7: The U.S. Constitution’s Fourth Amendment protects against unreasonable searches. The agents should not be held liable because their “search” was not unreasonable. Riverdale and
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Unformatted text preview: Knott had no reasonable expectation of privacy in the wastewater and therefore they had no Fourth Amendment right with respect to the agents’ sampling of it. The wastewater in the test pit was flowing into the public sewer, which was only three hundred feet away. Once it reached that point, any member of the public could take a sample. Under these circumstances, the wastewater was similar to trash left on a curb for pick-up by a trash collector. A party who puts trash on a curb has no reasonable expectation of privacy in it, even if it is placed in an opaque bag, because any passerby can rummage through it, at least until the trash collector takes it, after which he or she would be free to go through it. ....
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