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United States v. Ray

ELR Citation: 11 ELR 20791
Nos. No. 80-5182, 652 F.2d 670/(6th Cir., 07/02/1981)

The court affirms appellant's conviction for willfully interfering with Office of Surface Mining officials who entered onto appellant's property to conduct a warrantless inspection of surface mining operastions as authorized by §517 of the Surface Mining Control and Reclamation Act. The court rejects appellant's contention that the inspectors' entry without a search warrant violates the Fourth Amendment. Under cases previously decided by the Sixth Circuit, a warrantless inspection in the traditionally highly regulated mining industry, does not violate the Fourth Amendment where there is statutory authority for the inspection and there is no evidence of invasion of privacy.

Counsel for Appellant
Donald B. Roe
501 Layfayette Dr., Oak Ridge TN 37830
(615) 483-4310

Counsel for Appellee
Richard Harris, Ass't U.S. Attorney
201 Fed. Bldg., Knoxville TN 37902
(615) 637-9300

Before: EDWARDS, Chief Judge, WEICK and MERRITT, Circuit Judges.