MARSHALL V. BARLOW'S, INC.
436 U.S. 307 (1978)
NATURE OF THE CASE: This was a dispute over an inspection. Barlow (P) brought this action
to obtain injunctive relief against a warrantless inspection of its business premises
pursuant to 8(a) of OSHA.
FACTS: An OSHA showed up at Barlow's Inc. (P) and simply informed the owner that he
wanted to conduct a search of the work areas of the business. P inquired as to why and was
told simply that P had turned up in the agency's selection process. P asked for a search
warrant and the inspector replied that he did not have one and P then refused permission to
enter the nonpublic areas of the workplace. Marshall (D) then petitioned the Court to issue
an order compelling P to submit to an inspection. The requested order was issued and was
presented to P who again refused admission. P then sought his own injunctive relief against
the warrantless searches. A three-judge court was convened. It ruled in P's favor. The court
held that the Fourth Amendment required a warrant for the type of search involved and that
the statutory authorization for warrantless inspections was unconstitutional. An injunction
against searches or inspections pursuant to 8(a) was entered. D then appealed, challenging
the judgment, and the Supreme Court probable jurisdiction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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