Pharmacy inspections: constitutional without a warrant?

The implications of the 1978 U.S. Supreme Court decision in Marshall vs. Barlow's, Inc., regarding warrantless inspections of pharmacies are discussed. Reviewed are the Fourth Amendment to the U.S. Constitution, related U.S. Supreme Court decisions (Camera vs. Municipal Court and See vs. City of Seattle), new "probable cause" standards, and exceptions to the requirement of warrants for inspections. The effect of the Barlow's case with specific reference to FDA, DEA and state board of pharmacy inspections is discussed. Although the Barlow's case has provided further case law in the area of administrative inspections, each case still requires individual resolution. DEA inspections are well delineated by statute and regulation. Under the "licensing exceptions," warrantless pharmacy inspections by the FDA and by boards of pharmacy are probably permissible.