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United States Court of Appeals for the District of Columbia Circuit - 659 F.2d 1211
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The court affirmed the authority of Rule 41, Fed.R.Crim.P, but disagreed with the District Court's reasoning. The warrant for an INS search of a commercial establishment suspected of employing illegal aliens was valid, as it was issued to aid the agency in enforcing its statutory mandate, not to aid police in enforcing criminal laws. The court established that probable cause in the criminal law sense is not required for an administrative search, and the relaxed standard of administrative probable cause should be used when a warrant is sought for an inspection conducted pursuant to a legislative or administrative plan. The INS has the authority to seek and the District Court has the authority to grant a warrant to access commercial premises to question suspected aliens about their status. The court authorized INS agents to search for illegal aliens at Blackie's House of Beef, including locked rooms, and question employees whom they reasonably suspected of being illegal aliens. The District Court erred in requiring an unrealistically restrictive standard of probable cause for the INS to enforce the Act.
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