inspection

To examine; scrutinize; investigate; look into; check over; or view for the purpose of ascertaining the quality, authenticity or conditions of an item, product, document, residence, business, etc. Word has broader meaning than just looking, and means to examine carefully or critically, investigate and test officially, especially a critical investigation or scrutiny. State ex rel. State Farm Mutual Auto. Ins. Co. v. Rickhoff, Mo. App., 509 S.W.2d 485, 487.

See also Freedom of Information Act

- in camera inspection

- privacy laws. Discovery practice. Rights of parties in civil actions to inspect papers, documents, land, etc. of opposing party are governed by Fed.R. Civil P. 26 and 34. Similar rights of prosecutor and defendant in criminal cases are governed by Fed.R.Crim.P. 16. Under discovery rules and statutes, "inspection" is sufficiently broad to include testing of evidence, and is not necessarily confined to visual observation but is ordinarily understood to embrace tests and examinations. State ex rel. Remington Arms Co., Inc. v. Powers, Okl., 552 P.2d 1150, 1152.

See also inspection of documents

- Jencks Act

- subpoena duces tecum.

@ reasonable inspection

As relates to duty of employer to provide employee with proper instrumentalities with which to work, does not mean such an inspection as would necessarily or infallibly disclose a defect if one existed, but only such inspection as reasonably prudent man, in the exercise of ordinary care, would make

@ inspection laws

Laws authorizing and directing the inspection and examination of various kinds of merchandise intended for sale, especially food, with a view to ascertaining its fitness for use, and excluding unwholesome or unmarketable goods from sale that do not conform to standards prescribed by regulations, and directing the appointment of official inspectors for that purpose; e.g. grain or meat inspection laws. Patapsco Guano Co. v. Board of Agriculture, 171 U.S. 345, 18 S.Ct. 862, 43 L.Ed. 191.

State and federal inspection laws may also be concerned with employment safety conditions (e.g. Occupational Safety and Health Act (OSHA)); building construction safety (e.g. building ordinances); health conditions of restaurants or food processors; and safety conditions of motor vehicles.

See Food and Drug Administration

- Occupational Safety and Health Administration.

If a resident refuses permission to a fire, health, building, etc. inspector to inspect the premises, a search warrant will be required. Camara v. Municipal Court of etc. San Francisco, 387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d 930.

A warrant is likewise required for inspection of business premises by OSHA inspectors. Marshall v. Barlow's, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305.

See also Freedom of Information Act

- inspection rights

- inspection searches

- privacy laws

@ inspection of documents

This phrase refers to the right of a party, in a civil action, to inspect and make copies of documents which are essential or material to the maintenance of his cause, and which are either in the custody of an officer of the law or in the possession of the adverse party. Fed.R. Civil P. 26, 34 and 37. Such opportunity for inspection in criminal cases is afforded both the prosecutor and defendant under Fed. R.Crim.P. 16.

See also subpoena duces tecum

@ inspection rights

Buyer of goods has right to inspect them before payment or acceptance at any reasonable place and time and in any reasonable manner. U.C.C. No. 2-513(1).

See also inspection

With respect to discovery in civil actions, Fed.R. Civil P. 26 and 34 affords a party the right to inspect documents, records, land, etc. of the other party. Similar rights are afforded the prosecutor and defendant under Fed.R.Crim.P. 16.

See also inspection of documents

- subpoena duces tecum

@ inspection searches

Administrative searches conducted by local or state authorities for health or building law enforcement must be based on a warrant issued on probable cause. Camara v. Municipal Court of etc. San Francisco, 387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d 930. A warrant is likewise required for inspection of business premises by OSHA inspectors. Marshall v. Barlow's, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305.

An exception to the warrant requirement is in cases involving closely regulated industries where the commercial operator's privacy interest is adequately protected by detailed regulatory schemes authorizing warrantless inspections. Donovan v. Dewey, 452 U.S. 594, 101 S.Ct. 2534, 69 L.Ed.2d 262; New York v. Burger, 482 U.S. 691, 107 S.Ct. 26, 36, 96 L.Ed.2d 601.

See also inspection laws

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