Marshall v. Gibson's Products, Inc. of Plano

TJOFLAT, Circuit Judge:

The Secretary of Labor (the Secretary) brought this action in the district court to enjoin the defendant, Gibson’s Products, Inc., to submit to inspection under section 8(a) of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. § 657(a) (1976). The defendant counterclaimed, asserting that the fourth amendment required the Secretary to obtain a search warrant based on probable cause. The merits of the counterclaim are controlled by the recent Supreme Court decision in Marshall v. Barlow’s, Inc. 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978), which held…