MEMORANDUM AND ORDER
We have before us defendant, Thomas R. Prendergast's, motion to suppress evidence pursuant to Fed. R. Crim. P. 41(f) and 12(b). On May 26, 1977, a hearing was held regarding this motion and testimony was taken.
At the time of the events complained of, defendant was engaged in the operation of Conroy's Pharmacy in Coraopolis, Pa. On April 30, 1976, William W. Warner, a compliance investigator for the Drug Enforcement Administration, obtained an inspection warrant signed by a United States magistrate pursuant to the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§ 801-966 (hereafter "the Act").
Pursuant to the authority of this warrant, Agent Warner conducted inspections of defendant's place of business on April 30, May 3 and May 6, 1976. Following the inspections a four count indictment was returned charging violations of the Act, namely failing "to make, keep or furnish" certain records, (21 U.S.C. § 842(a)(5)); knowing, intentionally and unlawfully distributing a Schedule IV Controlled Substance (21 U.S.C. § 841(a)(1)); and two counts of making false and fraudulent statements of material fact (18 U.S.C. § 1001).
Defendant avers that the utilization of an administrative warrant was improper and that this utilization was an abuse of the statutory scheme authorizing such warrants and a subterfuge to avoid the probable cause burden applicable to criminal search warrants.
Section 880(d) of the Act governs the issuance of administrative inspection warrants. It requires that such warrants be issued by a judge or magistrate and then only on a showing of probable cause. But probable cause is defined by the Act as:
"a valid public interest in the effective enforcement of this subchapter [ 21 U.S.C.A. §§ 801-886] or regulations thereunder sufficient to justify administrative inspections of the area . . ." 21 U.S.C.A. § 880(d)(1).