power to make administrative inquiry (California) · Go Syfert
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power to make administrative inquiry in California

11 California opinions name it 2 courts 1961–2026 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
United States v. Morton Salt Co.green
scotus · 1950 · cited in 8 California opinions naming this issue, 1961–2026
2 sentences

2026As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy in order to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ ” (Brovelli, at p. 529, quoting United States v. Morton Salt Co. (1950) 338 U.S. 632 , 642-643.) Government Code section 11180 states that the head of state agencies and departments “may make investigations and p

1996(Ibid.) We further observed in the cited case that “As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ ” (Id. at p. 529, quoting from United States v. Morton Salt Co. (1950) 338 U.S. 632, 642-643 [ 94 L.Ed. 401, 410-411 , 70 S.Ct. 357 ].) The Board’s subpoena power, never

68
Brovelli v. Superior Courtgreen
cal · 1961 · cited in 4 California opinions naming this issue, 1970–2026
2 sentences

2026As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy in order to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ ” (Brovelli, at p. 529, quoting United States v. Morton Salt Co. (1950) 338 U.S. 632 , 642-643.) Government Code section 11180 states that the head of state agencies and departments “may make investigations and p

2026As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy in order to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ ” (Brovelli, at p. 529, quoting United States v. Morton Salt Co. (1950) 338 U.S. 632 , 642-643.) Government Code section 11180 states that the head of state agencies and departments “may make investigations and p

34
Younger v. Jensengreen
cal · 1980 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985“As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy in order to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ (United States v. Morton Salt Co., 338 U.S. 632, 642-643 [ 94 L.Ed. 401 , 70 S.Ct. 357 ].)” To the same effect, see Younger v. Jensen (1980) 26 Cal.3d 397, 404-405 [ 605 P.2d 813 ].

1985“As has been said by the United States Supreme Court, the power to make administrative inquiry is not derived from a judicial function but is more analogous to the power of a grand jury, which does not depend on a case or controversy in order to get evidence but can investigate ‘merely on suspicion that the law is being violated, or even just because it wants assurance that it is not.’ (United States v. Morton Salt Co., 338 U.S. 632, 642-643 [ 94 L.Ed. 401 , 70 S.Ct. 357 ].)” To the same effect, see Younger v. Jensen (1980) 26 Cal.3d 397, 404-405 [ 605 P.2d 813 ].

11
People v. West Coast Shows, Inc.green
calctapp · 1970 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

11
Fielder v. Berkeley Properties Co.green
calctapp · 1972 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

11
Shively v. Stewartgreen
cal · 1966 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

1979Insofar as the prohibition against unreasonable searches and seizures can be said to apply at all it requires only that the inquiry be one which the agency demanding production is authorized to make, that the demand be not too indefinite, and that the information sought be reasonably relevant. [Citations.]” (Italics added.) (See also Shively v. Stewart, 65 Cal.2d 475, 479 [ 55 Cal.Rptr. 217 , 421 P.2d 65 , 28 A.L.R.3d 108 ]; People v. West Coast Shows, Inc., 10 Cal.App.3d 462, 470 [ 89 Cal.Rptr. 290 ]; Fielder v. Berkeley Properties Co., 23 Cal.App.3d 30, 40 [ 99 Cal.Rptr. 791 ].) Discussion T

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Arnett v. Dal Cielo green
cal · 1996
2 sentences

2018This power to make administrative inquiry is broad. ( Arnett v. Dal Cielo (1996) 14 Cal.4th 4 , 8, 56 Cal.Rptr.2d 706 , 923 P.2d 1 .) It does not depend on a case or controversy, but authorizes investigation " ' "merely on suspicion that the law is being violated, or even just because it wants assurance that it is not." ' [Citation.]" ( Ibid . ) HomeAway argues that it has a due process right to challenge the tax collector's interpretation of the TOT ordinance in this proceeding because there is no other way for it to bring such a challenge, as it is not the entity who will be subjected to the

2018This power to make administrative inquiry is broad. ( Arnett v. Dal Cielo (1996) 14 Cal.4th 4 , 8, 56 Cal.Rptr.2d 706 , 923 P.2d 1 .) It does not depend on a case or controversy, but authorizes investigation " ' "merely on suspicion that the law is being violated, or even just because it wants assurance that it is not." ' [Citation.]" ( Ibid . ) HomeAway argues that it has a due process right to challenge the tax collector's interpretation of the TOT ordinance in this proceeding because there is no other way for it to bring such a challenge, as it is not the entity who will be subjected to the

22018–2018

Statutes the citing opinions construe

CA § Cal. Government Code § 11187 (4) CA § Cal. Government Code § 11186 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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