Is an administrative search of a private residence subject to Fourth Amendment protection?
Canada (Federal), Canada
The following excerpt is from Bertram S. Miller Ltd. v. R., 1986 CanLII 4041 (FCA), [1986] 3 FC 291:
In the United States it has been held that administrative searches of private residences and even of private commercial premises are subject to Fourth Amendment protection, although in the case of private commercial premises there is a greater latitude in respect of warrantless searches; this is so because the expectation of privacy of the owner of commercial premises "... differs substantially from the sanctity accorded an individual's home ...": see Donovan v. Dewey, referred to above, at p. 598.
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