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36

Marshall v. Barlow's, 98 S. Ct. 1816, 436 U.S. 307 (1978)

OSHA conducts searches of OSHA regulated businesses to assure compliance with worker health and safety laws

Employer refused entry to an OSHA inspector who did not have a warrant to inspect the business

United States Supreme Court found that merely being subject to Interstate Commerce Clause regulation does not make a business pervasively regulated

OSHA inspector must get an area warrant if refused entry.

No probable cause is necessary

Congress could probably give OSHA the authority

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