Duquesne Law Review


David Henry


The decision of the United States Supreme Court in Marshall v. Barlow's, Inc., provided that the protections of the fourth amendment are applicable to OSHA inspections. Since the writing of that opinion, however, a controversy has emerged as to whether the exclusionary rule must be applied in cases where an OSHA inspection has violated the fourth amendment. The author discusses the history and development of both the exclusionary rule and its alternatives and concludes that the good faith, reasonable belief exception to the exclusionary rule should be applied to OSHA cases.

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