ELR Citation: ELR 20384
No(s). J-85-1989 (Pa. Nov 16, 1989)

The court rules that the provision of the Pennsylvania Solid Waste Management Act (SWMA) authorizing warrantless inspections does not violate the United States or Pennsylvania Constitutions. The court holds that the open fields doctrine does not apply, since the state investigator was inside a building when he viewed the alleged illegal activity. The court holds that the SWMA's warrantless inspection provisions are valid under an exception to the Fourth Amendment's warrant requirement for warrantless administrative searches. These searches must be necessary to further a regulatory scheme and the regulatory presence must be sufficiently comprehensive so that the property owner is aware that his property will be subject to periodic inspections. The court holds that warrantless searches are authorized for cases involving ordinary solid waste as well as hazardous waste. The state legislature has determined that the risk to public health and the environment from improper handling of both hazardous and nonhazardous waste requires the warrantless inspection procedures, and nonhazardous waste is also subject to extensive regulation.

Counsel for Appellant
James A. Cunningham
45 High St., Pottstown PA 19464
(215) 323-1328

Counsel for Appellee
Kenneth A. Gelburd, Special Deputy Attorney General
Department of Environmental Resources, Eastern Region
1314 Chestnut St., Ste. 1200, Philadelphia PA 19107
(215) 560-4252

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, and PAPADAKOS, JJ.