See United States v. Gel Spice Co., Inc., 773 F.2d 427, 432-33 (2d Cir. 1985); Colonnade Catering Corp. v. United States, 410 F.2d 197, 205 (2d Cir. 1969), rev'd on other grounds, 397 U.S. 72 (1970); United States v. Nechy, 827 F.2d 1161, 1165-66 (7th Cir. 1987); United States v. Acklen, 690 F.2d 70, 73-74 (6th Cir. 1982); In re Searches and Seizures Conducted on October 2 and 3, 1980, 665 F.2d 775, 776-77 (7th Cir. 1981); United States v. Prendergast, 585 F.2d 69, 70-71 (3d Cir. 1978); United States v. Goldfine, 538 F.2d 815, 819 (9th Cir. 1976). Funaro relies on United States v. Enserro, 401 F. Supp. 460 (W.D.N.Y. 1975) and United States v. Pugh, 417 F. Supp. 1019 (W.D.Mich. 1976) to support his argument that the evidence obtained during these inspections is tainted by the agents' simultaneous pursuit of a criminal investigation. In both of these cases, the courts concluded that the pharmacists had not given valid consent to an inspection even though they had each signed a Form 82.

Rice v. Wolff, 513 F.2d 1280, 1294 n. 11 (8th Cir. 1975), aff'g 388 F. Supp. 185 (D.Neb. 1974), rev'd on other grnds. sub nom. Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067. United States v. Thriftimart, Inc. 429 F.2d 1006, 1008 (9th Cir. 1970); United States v. Pugh, 417 F. Supp. 1019, 1023 (W.D.Mich. 1976); United States v. Enserro, 401 F. Supp. 460, 463 (W.D.N.Y. 1975); United States v. Anile, 352 F. Supp. 14, 17 (N.D.W.Va. 1973); United States v. Greenberg, 334 F. Supp. 364, 367 (W.D.Pa. 1971). Nevertheless, from all of the evidence presented, I concluded that probable cause exists to believe that Reinhold is violating the OSHA statute and regulations, and to justify entry upon and inspection of the construction site.

To allow Biswell and § 880(c)(5) [the warrant exception clause analogous to G.L.c. 94C, § 30 ( g) (5)] to combine to eliminate the need for a warrant in all cases would render that warrant scheme meaningless." United States v. Pugh, 417 F. Supp. 1019, 1023 (W.D. Mich. 1976). "The important point is that Congress, in the Gun Control Act of 1968, had made the determination that it was in the public interest to give the Secretary of the Treasury the authority to enter and inspect premises without the necessity of a warrant.