The Federal Mine Safety and Health Act requires the secretary of labor to develop detailed mandatory health and safety standards to govern the operation of the nation's mines. The act provides that federal mine inspectors are to inspect underground mines at least four times a year and surface mines at least twice a year to ensure compliance with these standards and to make inspections to determine whether previously discovered violations have been corrected. The act also grants mine inspectors "a right of entry to, upon or through any coal or other mine" and states that "no advance notice of an inspection shall be provided to any person."A federal mine inspector attempted to inspect quarries owned by Waukesha Lime and Stone Company (Waukesha) to determine whether all 25 safety and health violations uncovered during a prior inspection had been corrected. Douglas Dewey, Waukesha's president, refused to allow the inspector to inspect the premises without first obtaining a search warrant.

1. Are thewarrantlesssearches of stone quarries authorized by the Mine Safety and Health Act constitutional?Why or why not?
2. What can the agency do if Dewey continues to deny entry?
3. Suppose Dewey, under protest and stating that he does not consent, moves aside for the inspector and the inspector finds evidence of additional wrongdoing. Dewey contests the search in court, arguing that the warrantlesssearch was unconstitutional. If thecourt agrees with Dewey, can the agency afterward use the evidence gathered to fine Waukesha? Why or why not?