Legal Opinion
In Re Search Warrant for the Commissioner of Labor to Inspect the Premises of Frank Foundries Corp.
Indiana Court of Appeals
Decided April 28, 1983No. 4-382A63PublishedCited by 5 opinions
1Opinion of the Court
CONOVER, Judge.
The State of Indiana appeals a decision of the Delaware Superior Court, Judge Robert L. Barnet, quashing a search warrant issued to the Commissioner of Labor to search Frank - Foundries - Corporation - (Frank Foundries), for possible Indiana Oceupational Safety and Health Act (IOSHA) violations.
ISSUES
1. Did the trial court erroneously hold the Commissioner of Labor's inspection program is a rule and must be promulgated pursuant to the Indiana Administrative Procedure Act (IAPA)?
2. Was probable cause shown by the affidavits submitted?
3. Was the entire matter res judicata? FACTS '
2Cases cited9 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- Peterson v. Culver Educational FoundationIndiana Court of Appeals · 1980
- Town of Flora v. Indiana Service Corp.Indiana Supreme Court · 1944
- State v. Kokomo Tube Co.Indiana Court of Appeals · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sweeney v. StateIndiana Supreme Court · 1998
- Wedel v. American Electric Power Service Corp.Indiana Court of Appeals · 1997
- State Farm Mutual Automobile Insurance Co. v. GlasgowIndiana Court of Appeals · 1985
- Bojrab v. John Carr AgencyIndiana Court of Appeals · 1992
- In re Search Warrant for the Commissioner of Labor to Inspect the Premises of J & P Custom Plating, Inc.Indiana Court of Appeals · 1984