Administrative and private searches for smoking articles conducted pursuant to the federal mine safety and health act: Constitutional considerations

Journal Article · Wed Nov 01 04:00:00 EST 1995 · West Virginia Law Review

OSTI ID:121485

Hardy, D J; McCambley, M E ^[1]

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1. Jackson & Kelly, Charleston, WV (United States)

Searches conducted to detect the presence of smoking articles are required to fulfill the legitimate, administrative objectives that underlie the Federal Mine Safety and Health Act of 1977. Consequently, such searches may be conducted by government mine safety enforcement officials without benefit of either a warrant based upon probable cause or an administrative warrant. The authority to conduct warrantless administrative searches on mine property is limited by FMSHA, however, and MSHA must either comply with the administrative substitutes for a warrant set forth in that Act or obtain an administrative warrant before entering onto a mine-operator`s property for purposes of conducting a search for smoking articles. Once mine safety enforcement officials properly gain entry onto mine property, no further warrants are required to conduct searches of individual miners. Miners who choose to work in underground mines are put on notice, by the FMSHA, MSHA regulations, and the training they receive, that they will be subject to searches for smoking articles. Thus, miners have no reasonable expectation that they will be free from the type of pat-down and personal effects searches used to detect the presence of smoking articles. The Fourth amendment is simply not implicated by such searches. This is true even though the legislative scheme designed to enhance mine safety imposes criminal as well as civil penalties on miners found with smoking articles.

• OSTI ID: 121485
• Journal Information: West Virginia Law Review, Journal Name: West Virginia Law Review Journal Issue: 4 Vol. 97; ISSN 0043-3268; ISSN WVLRDO
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
ADMINISTRATIVE PROCEDURES
COAL MINERS
COAL MINES
DETECTION
ENFORCEMENT
LEGAL ASPECTS
LEGISLATION
TOBACCO PRODUCTS
UNDERGROUND MINING