100%(3)3 out of 3 people found this document helpful
This preview shows page 7 - 9 out of 17 pages.
stolen cars and Burger was then charged with the possession of stolen property. Burger contested by motioning to suppress the evidence because he claimed the administrative investigation statute was unconstitutional. The trial court denied the request, but the New York Court of Appeals reversed. The U.S.Supreme Court granted the State’s application for certiorari.❏Blackmun, Justice:❏Prohibition of illegal search and seizure is applicable to commercial property, as well as private homes.❏Warrantless inspections can be deemed reasonable so long as 3 conditions are met:❏1. “Substantial Gov’t Interest” must be met that informs regulatory scheme❏2. The warrantless inspections must be “necessary to further [the] regulatory scheme.”❏3. “The statute’s inspection program, in terms of the certainty and regularity of its application, [must] provide a constitutionally adequate substitute for a warrant.” In other words, the regulatory statute must perform the two basic functions of a warrant: it must advise the owner of the commercial premises
Rulemaking❏The legislative esque activity of federal agencies is carried through the rulemaking function. There are two basic types: informal and formal. A third type also exists, hybrid rulemaking.❏Informal Rulemaking❏Follows a “notice and comment” pattern in which the agency will publish a notice of the rule in the Federal Register. Afterwards, there is a comment period lasting 30 days, in which citizens and companiesmay send in comments regarding the rule to the agency. Agency is expected to read the comments and react by altering or scrapping the proposed rule. Rule is then published in final form in the Federal Register.❏Formal Rule Making❏Also has a “notice and comment’ pattern, but this is supplemented with formal hearings where witnesses will testify and are cross-examined by interested parties. Printed versions of the testimony are preserved and become a part of public record. Considered expensive and time-consuming, but generally leads to better results.❏Hybrid Rulemaking ❏Resembles formal rulemaking, except that there is no cross-examining of an agency’s witnesses function.Adjudication❏An exercise of power in which agencies issue rules and investigate to uncover violations. Violators may also be charged and then they can be tried to determine whether a violation has occurred. Due to the fact that the agency is acting as a legislator, police officer, prosecutor, and judge and jury, certain requirements must be followed. Persons or companies brought before an agency for adjudication has the right to notice, right to counsel, right to present evidence, and the right to cross-examine adverse witnesses. Jury trials are not permitted, but case is heard by an administrative law judge (ALJ). Although