Recently, a federal appeals court for the Sixth Circuit issued a decision that upholds the city’s authority to conduct warrantless administrative searches.

Warrantless Administrative Searches

Warrantless administrative searches are a type of search conducted by authorities without obtaining a search warrant. People typically carry out such searches in non-criminal contexts. They primarily inspect and ensure compliance with various administrative regulations and laws for regulatory purposes. These searches are based on the legal concept of administrative probable cause. The traditional criminal probable cause required for obtaining a search warrant is different from this.

Unlike criminal searches, warrantless administrative searches do not require a showing of specific suspicion or evidence of criminal activity. Instead, administrative searches rely on a lower threshold of probable cause. Officials must demonstrate there are reasonable grounds that a specific individual, area, or property may be in violation. Often, these searches occur in areas like health and safety inspections, building code enforcement, airline security checks, and business inspections.

Benjamin v Stemple (2019)

In the case of Benjamin v. Stemple, a City of Saginaw ordinance required vacant property owners to sign a consent form allowing city inspectors to enter and secure any vacant buildings that were deemed in dangerous condition. Saginaw property owners challenged the registration form in court, saying that it forced them to consent to unconstitutional warrantless searches of their properties. Ultimately, the court dismissed the case in favor of the city.

The court reasoned that warrantless administrative searches for building-code compliance are reasonable under the Fourth Amendment but only if property owners first have the chance for a fair hearing. Thus, the required consent form was not enough. The city ordinance directly informed the owners that it deemed their buildings as dangerous. This also provided an opportunity for the owners to challenge that determination in front of an administrative hearing board. They managed to dismiss the case due to the property owners receiving the notice.

City officials and property owners alike should take note of this decision. This city’s authority to safeguard residents from dangerous buildings is a prime example of property owners’ rights to due process.