U.S. v. ARGENT CHEMICAL LABORATORIES, INC.

No. 95-35167.

93 F.3d 572 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. ARGENT CHEMICAL LABORATORIES, INC., various articles of drug identified in Attachment A, which are located at Argent Chemical Laboratories, Inc., 8515 and 8702 152nd Avenue NE, Redmond, Washington, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1996.


Attorney(s) appearing for the Case

Jacob M. Lewis, United States Department of Justice, Washington, D.C., for plaintiff-appellant.

Jon R. Zulauf, Finegold & Zulauf, Seattle, Washington, for defendant-appellee.

Before: BROWNING, WRIGHT and CANBY, Circuit Judges.


CANBY, Circuit Judge:

Under procedures authorized by Congress, the Food and Drug Administration ("FDA") seized allegedly adulterated products from the premises of a regulated veterinary drug manufacturer, without obtaining a warrant from a judicial officer issued upon a finding of probable cause. The question before us is whether that seizure violated the Fourth Amendment. We conclude that it did not, and we reverse the judgment of the district court.

I....

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