Legal Case Study One

Assignment

Case 6.1

Marshall v. Barlow’s, Inc.

By Andrew Jaco

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The textbook on pages 122-124 cited a case worth discussing. The case surrounded

itself around the illegal search and seizure as per the Warrant Clause of the Fourth

Amendment as it applies to a business as well as homes.

Case question one:

State briefly and clearly as possible, the argument that Barlow’s is making in this

case.

Mr. Barlow of Barlow’s, Inc. did not want to let an agent for the Secretary of

Labor to search the work area because there was no complaint filed against the

business and that there was no search warrant. When they got a warrant it was too

general and Mr. Barlow still did not let the search start.

Case question two:

Why would some industries or businesses be closely regulated? What are some of

those businesses?

“A business owner's expectation of privacy in commercial property is less than the

privacy interest afforded to a private homeowner and is particularly attenuated in

commercial property used in "closely regulated" industries (i.e., airports, railroads,

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restaurants, and liquor establishments), where business premises may be subject to

regular administrative searches by state or federal agencies for the purpose of

determining compliance with health, safety, or security regulations. Automobile

owners have a reasonable expectation of privacy in the cars they own and drive,

though the expectation of privacy is less than a homeowner's privacy interest in his

or her home.” - See more at: http://criminal.findlaw.com/criminal-rights/when-the-

fourth-amendment-applies.html#sthash.tX9fqm6N.dpuf

The industries that are highly regulated where the Fourth Amendment does not

apply, would be the airline industry, tobacco, firearms, nuclear power plants, oil

and gas, etc. because of health and public safety concerns.

Case question three:

The Fourth Amendment speaks of “people” being secure in their persons, houses,

papers, and effects.” Why would the Fourth Amendment apply to business, which

is not in a house?

Unreasonable searches can happen to a business as well. That is why the Forth

Amendment apples to most businesses. It is to protect the right to privacy and to

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have restricted areas from the customers. Business have propriety software, trade

secrets, secret ingredients, etc. At work, we get emails outlining the company’s

restructuring as well as recent promotions as well as how the company is doing and

what future marketing campaigns will be launched. When we get these emails, we

are asked to keep them private and away from our customers as well as our friends

and families as we read them. This is also why the Fourth Amendment applies to

businesses as well as homes. We are also required to keep customers’ information

private and protected as well.

Case question four:

If the Fourth Amendment does not distinguish between closely regulated industries

and those that are not, why does the court do so?

The courts have over time distinguished closely regulated industries in contrast to

the Fourth Amendment because of what the industries affect. The major effect is in

interstate commerce. During US colonial times, interstate commerce was not an

issue as it is today. With airplanes, air travel, interstate commerce would be highly

affected. If there is a problem with the safety of a product for example, it would

potentially affect many people in many states, making the problem not localized.

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Selling Liquor and selling firearms are also in the highly regulated industries with

products that could adversely affect the safety of their consumers who buy them.

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References:

Text: “Business Law and the Legal Environment” - Executive MBA Edition by

Don Mayer, Daniel M. Warner, George J. Siedel and Jethro K. Lieberman

Flat World Knowledge 2004

http://criminal.findlaw.com/criminal-rights/when-the-fourth-amendment-

applies.html