Inspection in United States
Inspection Definition
(Lat. inspicere, to look into). The examination of certain articles made by law subject to such examination, so that they may be declared fit for commerce. The decision of the inspectors is not final. The object of the law is to protect the community from fraud, and to preserve the character of the merchandise abroad. 8 Cow. (N. Y.) 45. See 1 Johns. (N. Y.) 205; 13 Johns. (N. Y.) 331; 2 Gaines (N. Y.) 312; 3 Gaines (N. Y.) 207. In Practice. Elxamination. Books and Records. The inspection of all public records is free to all persons who have an interest in them, upon payment of the usual fees. 7 Mod. 129; 1 Strange, 304; 2 Strange, 260, 954, 1005. But it seems a mere stranger, who has no such interest, has no right at common law. 8 Term R. 390. A stockholder has, as a general rule, the right to inspect the books and records of his corporation.
Inspection in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Inspection | Inspection in the World Legal Encyclopedia. |
| Inspection | Inspection in the European Legal Encyclopedia. |
| Inspection | Inspection in the Asian Legal Encyclopedia. |
| Inspection | Inspection in the UK Legal Encyclopedia. |
| Inspection | Inspection in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Inspection
Scan Inspection in the appropriate area of law:
| Link | Description |
|---|---|
| Inspection | Inspection in the Family Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the IP Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Commercial Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Criminal Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Antritrust Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Tax Law Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Inspection | Inspection in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Inspection in the Dictionaries | Inspection in our legal dictionaries |
| http://lawi.us/inspection | The URI of Inspection (more about URIs) |
| Inspection related entries | Find related entries of Inspection |
Legal Issue for Attorneys
(Lat. inspicere, to look into). The examination of certain articles made by law subject to such examination, so that they may be declared fit for commerce. The decision of the inspectors is not final. The object of the law is to protect the community from fraud, and to preserve the character of the merchandise abroad. 8 Cow. (N. Y.) 45. See 1 Johns. (N. Y.) 205; 13 Johns. (N. Y.) 331; 2 Gaines (N. Y.) 312; 3 Gaines (N. Y.) 207. In Practice. Elxamination. Books and Records. The inspection of all public records is free to all persons who have an interest in them, upon payment of the usual fees. 7 Mod. 129; 1 Strange, 304; 2 Strange, 260, 954, 1005. But it seems a mere stranger, who has no such interest, has no right at common law. 8 Term R. 390. A stockholder has, as a general rule, the right to inspect the books and records of his corporation.
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Notice
This definition of Inspection Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Inspection in Environmental Law
An onsite investigation of a facility to determine compliance with a regulation, permit provision, or statute. One potential conflict with an agency’s right to inspect is found in the U.S. Constitution. The Fourth Amendment states:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized.The protection of the Fourth Amendment extends to businesses as well as individuals. Therefore, in many situations, agencies must obtain warrants for their searches if consent is not given for inspections. Furthermore, a statute must give the power for inspection to the agency. Environmental statutes routinely contain language allowing inspections and other methods of gathering information. However, the EPA has not directly tested the scope of that authority. If refused entry, the EPA goes to court for a search warrant.
The Occupational Safety and Health Administration (OSHA) did test its power to search without a warrant. In Marshall v. Barlow’s, Inc., a 1978 case, the Supreme Court held that Congress could not authorize warrantless searches of businesses not highly regulated. The business involved was an electrical and plumbing contractor. However, some businesses, such as mines, automobile junkyards, and firearms dealers, have traditionally been regulated more tightly than others. In situations like these, the Supreme Court determined a warrant was not necessary.
The requirement that an agency get a warrant is not great protection for the business or person involved. For a criminal case, the government must show probable cause that a crime was committed and that the person who committed the crime or other evidence of the crime is located at the site to be searched. For administrative searches, the agency must show only that the inspection is part of a neutral scheme to enforce the statute. It’s not difficult to obtain an administrative search warrant.
There are two instances when no administrative search warrant is required: emergencies and public view Thus, fire officials who respond to a fire alarm may investigate for evidence of arson after the fire is extinguished, Michigan v. Tyler. Also, inspection of grounds through aerial photography, Dow Chemical Co. v. U.S., or taking smoke measurements on site have been upheld as constitutional, Air Pollution Variance Board v. Western Alfalfa Corporation.
To eliminate the question of authority to inspect without a warrant, many environmental agencies put the right to inspect within the terms of permits they issue. It is unclear whether that step totally eliminates the warrant requirement, but most inspections occur with consent. Refusal to admit an inspector can backfire, and companies recognize that. If consent is withheld, warrants are easily obtainable.
Based on “Environment and the Law. A Dictionary”.
Inspection in Environmental Law
An onsite investigation of a facility to determine compliance wit
h a regulation, permit provision, or statute. One potential conflict with an agency’s right to inspect is found in the U.S. Constitution. The Fourth Amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the person or things to be seized.
The protection of the Fourth Amendment extends to businesses as well as individuals. Therefore, in many situations, agencies must obtain warrants for their searches if consent is not given for inspections. Furthermore, a statute must give the power for inspection to the agency. Environmental statutes routinely contain language allowing inspections and other methods of gathering information. However, the EPA has not directly tested the scope of that authority. If refused entry, the EPA goes to court for a search warrant.
The Occupational Safety and Health Administration (OSHA) did test its power to search without a warrant. In Marshall v. Barlow’s, Inc., a 1978 case, the Supreme Court held that Congress could not authorize warrantless searches of businesses not highly regulated. The business involved was an electrical and plumbing contractor. However, some businesses, such as mines, automobile junkyards, and firearms dealers, have traditionally been regulated more tightly than others. In situations like these, the Supreme Court determined a warrant was not necessary.
The requirement that an agency get a warrant is not great protection for the business or person involved. For a criminal case, the government must show probable cause that a crime was committed and that the person who committed the crime or other evidence of the crime is located at the site to be searched. For administrative searches, the agency must show only that the inspection is part of a neutral scheme to enforce the statute. It’s not difficult to obtain an administrative search warrant.
There are two instances when no administrative search warrant is required: emergencies and public view Thus, fire officials who respond to a fire alarm may investigate for evidence of arson after the fire is extinguished, Michigan v. Tyler. Also, inspection of grounds through aerial photography, Dow Chemical Co. v. U.S., or taking smoke measurements on site have been upheld as constitutional, Air Pollution Variance Board v. Western Alfalfa Corporation.
To eliminate the question of authority to inspect without a warrant, many environmental agencies put the right to inspect within the terms of permits they issue. It is unclear whether that step totally eliminates the warrant requirement, but most inspections occur with consent. Refusal to admit an inspector can backfire, and companies recognize that. If consent is withheld, warrants are easily obtainable.
Based on “Environment and the Law. A Dictionary”.
Resources
See Also
Codex Alimentarius; FAO (Food and Agriculture Organization); Food Safety; Food Trade Associations; Government Agencies; International Agencies.
Further Reading (Books)
Codex Alimentarius website with links to WTO, OIE, IPPC. Available at http://www.codexalimentarius.net.
Food and Drug Administration website. Available at http://www.fda.gov. See the Office of Regulatory Affairs information on import inspections.
World Trade Organization website. Available at http://www.wto.org. Contains Sanitary and Phytosanitary Agreement information. See the agreement on the Application of Sanitary and Phytosanitary Measures.
USDA websites. Available at http://www.fsis.usda.gov and http://www.aphis.usda.gov.
Robin Yeaton Woo
Further Reading (Articles)
Inspections Are a Good Thing, Law & Order; July 1, 2005; Marcum, Curtis
“Image Inspection Apparatus, Image Inspection Method, and Control Program of Image Inspection Apparatus” in Patent Application Approval Process, Politics & Government Week; April 10, 2014
“Inspection Apparatus and Inspection Method” in Patent Application Approval Process, Politics & Government Week; December 5, 2013
Multifamily inspections fall behind Some local communities say funding cuts hurt the process, The Boston Globe (Boston, MA); December 20, 1992; Aaron Zitner, Globe Staff
FOOD SERVICE INSPECTIONS, The Roanoke Times (Roanoke, VA); July 16, 2011
“Inspection Device and Method Thereof” in Patent Application Approval Process, Politics & Government Week; November 7, 2013
AGRICULTURAL INSPECTIONS ARE CRUCIAL, US Fed News Service, Including US State News; April 3, 2007
INSPECTION LAW: MORE REPAIRS, SHORTER LINES, The Record (Bergen County, NJ); September 18, 1993; SARI HARRAR, Staff Writer
Inspection oversight could shift Jan. 1; But a proposal before the Minneapolis City Council would give the Fire Department a chance to reclaim inspection supervision duties.(NEWS), Star Tribune (Minneapolis, MN); May 28, 2010
Inspection evolution: the equipment that ensures a label’s perfection is evolving rapidly and converters are reaping the benefits. Label & Narrow Web; April 1, 2012; Diamond, Catherine
Inspection of fire-rated door assemblies: this article will attempt to explain the new inspection requirements and allay these concerns. Doors and Hardware; June 1, 2007; Pardoe, Keith E.
Inspection Misconceptions: When Houses Are Sold, Both Buyers And Sellers Can Dread Auditor’s Visit. Hartford Courant (Hartford, CT); September 30, 2007
Inspection policies for repairable systems. IIE Transactions; December 1, 1996; Banerjee, P.K. Chuiv, N. Ni
Using inspections to improve the quality of product documentation and code.Technical Communication; August 1, 1995; Zuchero, John
“Image Inspection System and Image Inspection Method” in Patent Application Approval Process, Computer Weekly News; February 27, 2014
PCAOB International Inspections, The CPA Journal; January 1, 2014; Calderon, Thomas G. Song, Hakjoon
Safety Inspections after Traffic Stops Are Plummeting, Fleet Owner (Online Exclusive); January 21, 2014
Do Inspection and Traceability Provide Incentives for Food Safety?, Journal of Agricultural and Resource Economics; April 1, 2006; Starbird, S. Andrew Amanor-Boadu, Vincent
“Inspection Device Applying Probe Contact for Signal Transmission” in Patent Application Approval Process, Politics & Government Week; December 6, 2012
Inspection feature for inspection process planning.(Report), Annals of DAAAM & Proceedings; January 1, 2010; Bruscas Bellido, Gracia M.
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