Legal Opinion

Trinity Marine Products, Inc. v. Chao

Court of Appeals for the Fifth Circuit

Decided December 26, 2007No. 06-60993PublishedCited by 11 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Over the objection of Trinity Marine Products, Inc. (“Trinity”), but pursuant to an administrative search warrant, compliance officers from the Occupational Safety and Health Administration (“OSHA”) inspected a workplace owned by Trinity and issued citations. Trinity claims that the search violated the Fifth Amendment because OSHA threatened to arrest Trinity personnel who interfered with the search, but the constitutionally required method to execute administrative warrants when the targeted party refuses to acquiesce is to commence a civil contempt proceeding,…

2Cases cited20 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  5. South Dakota v. OppermanSupreme Court of the United States · 1976

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3Cited by11 opinions

  1. Frisenda v. INCORPORATED VILLAGE OF MALVERNEDistrict Court, E.D. New York · 2011
  2. Jarkesy v. SECCourt of Appeals for the Fifth Circuit · 2022
  3. Employer Solutions Staffing Group II, L.L.C. v. Office of the Chief Administrative Hearing OfficerCourt of Appeals for the Fifth Circuit · 2016
  4. State v. SaturnoSupreme Court of Connecticut · 2016
  5. Sensient Flavors LLC v. Indiana Occupational Safety & Health AdministrationIndiana Court of Appeals · 2012

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