This section contains the nature of the case and procedural background.

An OSHA showed up at Barlow's Inc. (P) and simply informed the owner that he wanted to conduct a search of the work areas of the business. P inquired as to why and was told simply that P had turned up in the agency's selection process. P asked for a search warrant, and the inspector replied that he did not have one and P then refused permission to enter the nonpublic areas of the workplace. Marshall (D) then petitioned the Court to issue an order compelling P to submit to an inspection. The requested order was issued and was presented to P who again refused admission. P then sought his own injunctive relief against the warrantless searches. A three-judge court was convened. It ruled in P's favor. The court held that the Fourth Amendment required a warrant for the type of search involved and that the statutory authorization for warrantless inspections was unconstitutional. An injunction against searches or inspections pursuant to § 8(a) was entered. D then appealed, challenging the judgment, and the Supreme Court probable jurisdiction.

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