Marshall v. Barlow's, Inc.

An OSHA inspector arrived at Barlow's, Inc. (defendant), an electrical and plumbing business, in 1975 to inspect its nonpublic areas as part of OSHA's routine inspection program, but had no warrant. When Bill Barlow, the company's president, refused entry on Fourth Amendment grounds, OSHA's Secretary (plaintiff) petitioned a federal district court, which ordered Barlow's to admit the inspector; Barlow again refused and sought an injunction against warrantless OSHA inspections. A three-judge panel ruled for Barlow's, and the Secretary appealed.