I realize it's a different area of the law, but I remembered something from my research into the legality of municipal searches of my real estate, conditional for issuance of a license to continue renting the property...
http://www.lcpia.org/wkgn_inspections/CHGO_771782_1.pdf
It occurred to me it might be useful in framing arguments, rationales, etc..
excerpt in part of whole document:
"In order to give a valid consent to a search, consent for the search must be voluntary. In determining voluntariness of the consent to the search, the totality of the circumstances surrounding the search must be considered. See Makula v. Village of Schiller Park, 1995 WL 755305 *5 (N.D. Ill. Dec. 14, 1995). Under the Waukegan Ordinance, if a landlord wishes to rent a unit, that landlord is compelled to give consent to have the rental unit inspected because the business license to rent the unit will be suspended, revoked and/or not renewed absent an inspection. Consequently, the landlord’s consent is not voluntary. See Id.; Makula v. Village of Schiller Park, 1998 WL 246043 *7 (N.D. Ill. 1998); see also Bolden v. Southeastern Pennsylvania Transportation Authority, 953 F.2d 807 (3d Cir. 1991)(Employee did not give voluntary consent to drug test, based on the totality of circumstances, where test was required for employee to return to work.);Sololov v. Village of Freeport, 52 N.Y.2d 341, 420 N.E.2d 55, 57 (1981)(Nor may it be said that the business of residential rental is of such a nature that consent to a warrantless administrative search may be implied from the choice of the appellant to engage in this business.)"