Legal Opinion

AL Post 763 v. Ohio Liquor Control Commission

Ohio Supreme Court

Decided June 17, 1998No. Nos. 96-1269, 96-1572, 96-1575 and 96-2797PublishedCited by 28 opinions

1Opinion of the CourtCook, J.

The Second District Court of Appeals has decided a series of cases holding that agents of the Enforcement Division of the Department of Liquor Control must identify themselves and their purpose for entry prior to conducting a warrantless administrative search of a class D-4 liquor permit premises. We disagree. Agents may conduct constitutional, warrantless administrative searches of liquor permit premises pursuant to Ohio Adm.Code 4301:1-1-79, without first knocking, announcing their presence, and stating an intent to conduct a search.3

*111WARRANTLESS SEARCHES

“ ‘[T]he underlying command of the…

Also in this document: Concurrence.

2Cases cited18 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. Almeida-Sanchez v. United StatesSupreme Court of the United States · 1973
  4. New York v. BurgerSupreme Court of the United States · 1987
  5. United States v. BiswellSupreme Court of the United States · 1972

13 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. MooreOhio Supreme Court · 2000
  2. State v. MooreOhio Supreme Court · 2000
  3. State v. KelleyOhio Court of Appeals · 2011
  4. State v. WoljevachOhio Court of Appeals · 2005
  5. AL Post 763 v. Ohio Liquor Control Comm.Ohio Supreme Court · 1998

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API