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The starting point for any analysis of probable cause for OSHA administrative search warrants is Marshall v. Barlow's, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978). For purposes of an administrative search such probable cause justifying the issuance of a warrant may be based not only on specific evidence of an existing violation but also on a showing that 'reasonable legislative or administrative standards for conducting an ... inspection are satisfied with respect to a particular [establishment].' * * * A warrant showing that a specific business has been chosen for an OSHA search on the basis of a general administrative plan for the enforcement of the Act derived from neutral sources such as, for example, dispersion of employees in various types of industries across a given area, and the desired frequency of searches in any of the lesser divisions of the area, would protect an employer's Fourth Amendment rights. Id. at 320-21, 98 S.Ct. at 1824-25 (citations and footnotes omitted). 


To determine whether a warrant application meets the Barlow's 'administrative plan' criterion (as contrasted with the 'specific evidence of a violation' criterion), the magistrate must apply a two-part test: First, ...

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