Firstenberg

This matter is before us on transfer from the Appellate Department of the Los Angeles County Superior Court, pursuant to rule 62(a) of the California Rules of Court. We ordered transfer to consider the constitutionality of a warrantless health department inspection of the business records of a licensed nursing home.

Appellant was the licensee of Lincoln Care Center (Lincoln), a skilled nursing facility within the meaning of Health and Safety Code, section 1250. He was convicted, following a jury trial, of violating Health and Safety Code, section 1290 by commingling patients’ funds with his own which, in turn, is a violation of title 22, California Administrative Code, section 72557. On December 24, 1976, appellant was sentenced to serve 90 days in county jail and to pay a $500 fine. He initially posted bail on appeal, but on December 16, 1977, bail was exonerated and he was released on his own recognizance. The matter has meanwhile wended its way through an appeal in the Appellate Department of the Los Angeles County Superior Court and a rehearing in that court following the decision of the United States Supreme Court in Marshall v. Barlow’s, Inc., 436 U.S. 307 [ 56…