Inspection law

“ The requirement of an affidavit, and the acceptance of this in lieu of an actual inspection, make the affiant, who is the manufacturer or his agent, the sole judge of the fact whether the liquor contains only the ingredients allowed by law. We cannot treat this as a bona fide inspection. To justify an inspection in law there must be an inspection in fact. ”

“ In the exercise of its police power a state may enact inspection laws, which are valid if they tend in a direct and substantial manner to promote the public safety and welfare or to protect the public from frauds and imposition when dealing in articles of general use, as to which Congress has not made any conflicting regulation, and a fee reasonably sufficient to pay the cost of such inspection may constitutionally be charged, even though the property may be moving in interstate commerce when inspected. ”

“ In Gibbons v. Ogden, Chief Justice Marshall holds the following language:-'The inspection laws form a portion of that immense mass of legislation which embraces every thing within the territory of a State not surrendered to the general government: all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those with respect to turnpike-roads, ferries, &c. ”

“ Where it is really necessary to conduct inspection immediately, the policemen may, upon showing their work certificates, conduct inspection on the spot; however, to inspect the domicile of a citizen, they shall show the certificating document for inspection issued by the public security organ under the people’s government at or above the county level.
Inspecting the person of a woman shall be done by female workers. ”

“ Whenever a private inspection facility licensee conducts an initial inspection, the private inspection facility shall either reject the vehicle or certify that the vehicle was inspected pursuant to chapter 8 of Title 39 of the Revised Statutes and was found to conform to the standards established by law and regulation. ”

“ Such is the contention here, the plaintiffs insisting that the fees are collected partly for inspecting oysters and partly for the cost of policing the waters of Chesapeake bay; while the defendant insists that the charge is collected and spent solely for inspection.
2. Inspection necessarily involves expense, and the power to fix the fee, to cover that expense, is left primarily to the legislature, which must exercise discretion in determining the amount to be charged, since it is impossible to tell exactly how much will be realized under the future operations of any law. ”

“ Work safety supervisors and inspectors shall keep a written record of the inspection, including the time, place, contents, the problems discovered and how the problems are dealt with, which shall be signed by the inspectors and the person directly in charge of the entity under inspection. Where the person directly in charge of an entity under inspection refuses to sign, the inspectors shall keep a record of the fact and report the matter to departments in charge of work safety supervision and administration. ”

“ For the coupons which they demanded to see were government property. And the demand was made during business hours. Whatever may be the limits of inspection under the regulations, law enforcement is not so impotent as to require officers, who have the right to inspect a place of business, to stand mute when such clear evidence of criminal activity is known to them. ”

“ But it is obvious that this argument is unsound, as the inspection of a sample sent in advance is not in the slightest degree an inspection of the goods subsequently shipped into the state. The sample may be one thing, and the merchandise which thereafter comes in another. It is hence beyond reason to say that the law provides for an inspection of the goods shipped into the state from other states, when in fact it exacts no inspection whatever. ”

“ Where the number of personnel conducting supervision, inspection or investigation is less than two or the personnel fails to show their legal certificates or the notice of supervision, inspection or investigation or other enforcement documents, the entity or individual under inspection or investigation shall have the right to refuse the inspection or investigation. ”

“ Inspectors shall produce valid law enforcement credentials in the performance of inspection duties. Relevant entities and individuals shall cooperate with them in the inspections, accurately reflect the situation and provide relevant documents and information, etc. ”

“ No familiarity diminishes the disagreeable duty of proceeding through low, hot, and damp galleries, bent with the chest on the knees, under the oppression of clothes damp with moisture or perspiration, which the inspector must endure.
Proprietors themselves, whose direct interest it is to be aware of what is going forward under ground, are obliged to depend for inspection on their underlookers or foremen, who have been colliers. ”

“ The Secretary of Agriculture will designate an inspector to take charge of the inspection at each establishment where inspection is maintained, and will detail to said inspector such assistants as may be necessary to carry on properly the work of inspection and supervision at said establishment. For the purpose of enforcing the law and regulations the inspector and all employees under his direction shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment. ”

“ The officer as mentioned in the preceding paragraph who, through his gross neglect of duty, fails to inspect the commodities that should be inspected, delays the inspection or the issuance of a certificate or issues a false certificate, thus causing heavy losses to the interests of the State, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. ”

“ The local inspectors, on making the general inspection of the vessel, are required to make entry in the certificate of inspection of such complement of licensed officers and crew, including certificated lifeboat men, as they consider necessary for her safety, this entry being subject to right of appeal to the Supervising Inspector General. ”

“ Work safety management personnel of production and operation entities shall, in light of the production and operation characteristics of the entities, carry out routine inspections of work safety. They shall immediately handle the problems discovered in the course of the inspection. ”

“ Organizations responsible for assessment, authentication, testing and inspection in respect of safety shall develop and implement a system for disclosure of services and reports, and such organizations shall not lease their qualifications, allow the unqualified to be affiliated thereto, or produce counterfeit reports. ”

“ The emergency management departments shall, according to the requirements of supervision and control by classification and levels, formulate annual plans for supervision and inspection of work safety according to such annual plans, to carry out supervision and inspection. When discovering hazards that may lead to accidents, the departments shall deal with the matter in a timely manner. ”

“ If the services of men of independent position, with the science and qualifications of engineers, were secured, their inspection of works would often be invited, and the notice they could not fail to take of unintentional and profitless errors, such as wrong levels, which detract from the convenience and value of tenements, would be of much value and be received cordially, and the exercise of discretionary authority in such hands would meet with comparatively respectful obedience. ”

“ In the towns, it is rare that one-story houses are erected where the ground is of much value; and it will be a low average to take all the new houses as of two stories, that, is, fourth-rate houses, for which a fee of 2l. has been proposed to be paid. Before the building surveyor can proceed, the sewers’ surveyor must have seen that the drains are properly laid, and the builder have obtained a certificate from him to that effect. The labour of the budding surveyor, if properly performed, may require as much as an hour for the inspection of each new building. ”

“ It will frequently be found that there is the like need of immediate local inspection of the medical treatment of the destitute that there is of a grade of inspecting surgeons for the military hospitals. It cannot be otherwise than that amidst a numerous body of men there must be much error and neglect in the treatment of the destitute, in the absence of immediate securities against, neglect. ”

“ Having concluded that the area inspection is a 'reasonable' search of private property within the meaning of the Fourth Amendment, it is obvious that 'probable cause' to issue a warrant to inspect must exist if reasonable legislative or administrative standards for conducting an area inspection are satisfied with respect to a particular dwelling. ”

“ Experience may show the need for periodic inspections of certain facilities without a further showing of cause to believe that substandard conditions dangerous to the public are being maintained. The passage of a certain period without inspection might of itself be sufficient in a given situation to justify the issuance of warrant. The test of 'probable cause' required by the Fourth Amendment can take into account the nature of the search that is being sought.' 359 U.S., at 383, 79 S.Ct. ”

“ It is here that the probable cause debate is focused, for the agency's decision to conduct an area inspection is unavoidably based on its appraisal of conditions in the area as a whole, not on its knowledge of conditions in each particular building. Appellee contends that, if the probable cause standard urged by appellant is adopted, the area inspection will be eliminated as a means of seeking compliance with code standards and the reasonable goals of code enforcement will be dealt a crushing blow. ”

“ Frankly, I cannot understand how the Court can authorize warrants in wholesale fashion in the case of an area inspection, but hold the hand of the inspector when a specific dwelling is hazardous to the health and safety of its neighbors. ”

“ We know that these things are not being done except where men or women make it their business to see that they are done. Experience tells us that inspectors will not consistently do their duty unless those who direct them have regular records of their inspections, study those records, find out work not done properly or promptly, and insist upon thorough inspection. ”

“ Where considerations of health and safety are involved, the facts that would justify an inference of 'probable cause' to make an inspection are clearly different from those that would justify such an inference where a criminal investigation has been undertaken. ”

“ The state has an undoubted right to inspect all goods arriving therein, but it does not follow that it has the right to subject them to an inspection which is no inspection at all, and charge them with a fee out of all proportion to the costs of even a proper inspection, and call it an exercise of the police power. Though these liquors had arrived at their destination, the state provided, by § 5 of the act, that they should be inspected before offering them for sale and before they had been commingled with the general mass of property. ”

“ In our opinion, these arguments unduly discount the purposes behind the warrant machinery contemplated by the Fourth Amendment. Under the present system, when the inspector demands entry, the occupant has no way of knowing whether enforcement of the municipal code involved requires inspection of his premises, no way of knowing the lawful limits of the inspector's power to search, and no way of knowing whether the inspector himself is acting under proper authorization. ”

“ A collateral advantage it possesses, and on the score of frugality a very material one, is that which respects the number of the inspectors requisite. If this plan required more than another, the additional number would form an objection, which, were the difference to a certain degree considerable, might rise so high as to be conclusive: so far from it, that a greater multitude than ever were yet lodged in one house might be inspected by a single person; for the trouble of inspection is diminished in no less proportion than the strictness of inspection is increased. ”