What is the test for obtaining a search warrant to search a commercial premises in the context of "closely regulated" industries?

MultiRegion, United States of America

The following excerpt is from Killgore v. City of S. El Monte, 3 F.4th 1186 (9th Cir. 2021):

To determine whether an industry is "closely regulated," we look to "the pervasiveness and regularity of the ... regulation and the effect of such regulation upon an owner's expectation of privacy." Id. (citation omitted). "We do not require a warrant in such situations because the ... regulatory presence is sufficiently comprehensive and defined that the owner of the commercial property cannot help but be aware that his property will be subject to periodic inspections undertaken for specific purposes." Id. (internal quotation marks and citation omitted); see also Marshall v. Barlow's, Inc. , 436 U.S. 307, 313, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978) ("Certain industries have such a history of government oversight that no reasonable expectation of privacy ... could exist for a proprietor over the stock of such an enterprise." (internal citation omitted)).

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