MATTER OF A SEARCH WARRANT, ETC.

No. 4-382A63.

448 N.E.2d 1089 (1983)

In the matter of a Search Warrant for the Commissioner of Labor to Inspect the Premises of Frank Foundries Corporation, Located at 1324 South Brotherton Street, Muncie, Delaware County, Indiana.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 3, 1983.


Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., James F. Schmidt, Deputy Atty. Gen., Indianapolis, for appellant.

Michael D. Freeborn, Johnnine Brown Hazard, Margaret S. Garvey, Rooks, Pitts, Fullager & Poust, Chicago, Ill., Frank E. Gilkison, William V. Hughes, White, Beasley, Gilkison, Retherford & Buckles, Muncie, for appellee.


CONOVER, Judge.

The State of Indiana appeals a decision of the Delaware Superior Court, Judge Robert L. Barnet, quashing a search warrant issued to the Commissioner of Labor to search Frank Foundries Corporation (Frank Foundries), for possible Indiana Occupational Safety and Health Act (IOSHA) violations.

ISSUES

1. Did the trial court erroneously hold the Commissioner of Labor's inspection program is...

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