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· 3/28/1985

Kathleen Rush, Eleanor Fraser and San Mateo County Daycare Association v. Mario Obledo, Secretary of California Health and Welfare Agency

Citations

  • 756 F.2d 713
  • 1985 U.S. App. LEXIS 29883

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding \current statutes\ facially unconstitutional because no other \regulations ... limit[ed] exercise of inspection authority under [those statutes]\
  • finding that an ordinance permitting warrantless inspections of family day care homes fails to “properly reflect the peculiar nature of family day care homes” and “should not extend beyond the ‘closely regulated business’ in which the provider engages
  • invalidating por- tion of California statute that allowed warrantless searches of family day care centers without appropriate narrowing regula- tions
  • striking down as overbroad search provisions governing family home daycares where the searches were not confined to “the areas of the home used by children when the children are present”
  • in light of the enormity of these hazards, the court upheld warrantless inspection provision over a fourth amendment challenge
  • closely-regulated-industry exception to warrant requirement extended to day-care facilities run out of a provider’s residence

Source: CourtListener parenthetical corpus (CC0).

Judges: Ferguson, Jameson, Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.