In Re Trinity Industries, Inc.

876 F.2d 1485 (11th Cir. 1989)


Federal magistrates issued warrants to search Ds pursuant to P's plans of programmed inspections. Trinity and Mosher refused to permit the inspections. P petitioned the district courts to hold Ds in civil contempt for failure to honor the warrants. Ds filed answers contesting the validity of the warrants, and counterclaims for declaratory judgments alleging that the warrants were invalid because P had not established probable cause and because P's administrative plans for scheduling programmed inspections were invalid. Under threat of contempt, Mosher allowed inspection, but Trinity refused. The court imposed a $10,000 per day fine. Trinity refused and appealed. Ds argued that the warrant applications contained insufficient information to support probable cause.