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RUSH v. OBLEDO

No. 83-2623.

756 F.2d 713 (1985)

Kathleen RUSH, Eleanor Fraser and San Mateo County Daycare Association, Plaintiffs-Appellees, v. Mario OBLEDO, Secretary of California Health and Welfare Agency, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1985.

Attorney(s) appearing for the Case

Louis E. Wolcher, Pettit & Martin, Marcia Rosen, Kathleen Murray, San Francisco, Cal., for plaintiffs-appellees.

Stephanie Wald, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants.

Before FERGUSON and NELSON, Circuit Judges, and JAMESON, District Judge.

FERGUSON, Circuit Judge:

In this case the issue is whether California state statutes and regulations permitting warrantless inspections of family day care homes violate the Fourth Amendment to the United States Constitution, enforceable against the states through the Fourteenth Amendment. Concluding that the vital governmental interest in the protection of children furthered by warrantless inspections is paramount, and that the regulation of family day care homes...

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