This Note first traces the initial judicial reaction to administrative demands for information and administrative investigations and delineates the constitutional requirement set forth therein. The Note next examines the development of CIDs and analyzes decisions upholding their constitutionality. This Note contends that most courts either have incorrectly applied current administrative standards to the CID or have failed to apply such standards altogether. The analysis is broken down into six parts,each dealing with a separate constitutional basis for a CID challenge. Because most suits that contest CIDs are based on fourth amendment search and seizure issues, the bulk of this Note is dedicated to a discussion of this area. CIDs, however, do have utility as investigative devices when proper safeguards are afforded the demandee. Therefore, this Note concludes by presenting a proposed model civil investigative demand statute designed to meet the constitutional objections outlined herein.
Anthony J. McFarland,
The Civil Investigative Demand: A Constitutional Analysis and Model Proposal,
33 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol33/iss6/4