Byron White

“ Official entry upon commercial property is a technique commonly adopted by administrative agencies at all levels of government to enforce a variety of regulatory laws; thus, entry may permit inspection of the structure in which a business is housed, as in this case, or inspection of business products, or a perusal of financial books and records. ”

“ The Supreme Court of Washington, in affirming appellant's conviction, suggested that this Court 'has applied different standards of reasonableness to searches of dwellings than to places of business', citing Davis v. United States, 328 U.S. 582, 66 S.Ct. 1256, 90 L.Ed. 1453. The Washington court held, and appellee here argues, that § 8.01.050, which excludes 'the interiors of dwellings,' [2] establishes a reasonable scheme for the warrantless inspection of commercial premises pursuant to the Seattle Fire Code. ”

“ The businessman, too, has that right placed in jeopardy if the decision to enter and inspect for violation of regulatory laws can be made and enforced by the inspector in the field without official authority evidenced by warrant. ”

“ However, we have dealt with the Fourth Amendment issues raised by another comon investigative technique, the administrative subpoena of corporate books and records. We find strong support in these subpoena cases for our conclusion that warrants are a necessary and a tolerable limitation on the right to enter upon and inspect commercial premises. ”