United States Fifth Circuit

In an action arising when compliance officers from OSHA, pursuant to an administrative search warrant, inspected a workplace owned by petitioner and issued citations, petition for review of a decision rejecting petitioner's challenge to the legality of the search is denied as there is no constitutional right to a pre-execution contempt hearing and administrative warrants, like criminal warrants, can be executed by means of reasonable force.

Appellate Information

• Decided 12/26/2007
• Published 12/26/2007

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert E. Rader, Jr. (argued), Rader & Campbell, Dallas, TX, for Petitioner.


• For Appellees:
  
• Lee Gary Grabel (argued), Charles Franklin James, Howard M. Radzely, Ray H. Darling, Executive Sec., Joseph Woodward, U.S. Dept, of Labor, OSHA, Washington, DC, for Respondent.