Legal Opinion
State Ex Rel. Accident Prevention Division v. Foster
Court of Appeals of Oregon
Decided October 24, 1977No. 5943, CA 7297PublishedCited by 8 opinions
1Opinion of the CourtTanzer, J.
The state, on behalf of the Accident Prevention Division of the Workers’ Compensation Board, appeals from an order following a show cause hearing denying enforcement of a search warrant and declaring a portion of the Oregon Safe Employment Act (OSEA) unconstitutional. The trial court found that the first clause of ORS 654.206(2) violates the Fourth Amendment to the United States Constitution and the Oregon Constitution, Art I, § 9, because it authorizes a magistrate to issue an inspection warrant without probable cause to believe that a violation of safety or health regulations is occurring…
2Cases cited4 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- See v. City of SeattleSupreme Court of the United States · 1967
- State v. ElkinsOregon Supreme Court · 1966
- State v. FloranceOregon Supreme Court · 1974
3Cited by8 opinions
- Meier v. SulhoffSupreme Court of Iowa · 1985
- Acton v. Vernonia School District 47JDistrict Court, D. Oregon · 1992
- State v. Westside Fish Co.Court of Appeals of Oregon · 1977
- Accident Prevention Division v. HoganCourt of Appeals of Oregon · 1978
- Brooks v. Taylor Tobacco Enterprises, Inc.Court of Appeals of North Carolina · 1979
3 more not listed; retrieve them via the Exa API.