Craib v. Bulmash

Opinion

EAGLESON, J.

This case concerns the circumstances under which an employer may assert the Fourth and Fifth Amendments to the United States Constitution as defenses to judicial enforcement of an administrative agency’s subpena duces tecum for records of a kind which all employers are required by law to maintain.

*478We first reject the employer’s claim that a court order compelling compliance with the agency’s subpena is an “unreasonable search and seizure” under the Fourth Amendment unless supported by “probable cause.” Forty years of United States Supreme Court decisions establish that the…