United States v. Acri Wholesale Grocery, 409 F. Supp. 529 (S.D. Iowa 1976).
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I. PHOTOGRAPHS
The defendants initially contend the trial court erred in admitting into evidence photographs taken during the inspections. In the first instance, defendants argue that the photographs were taken without their permission and are, therefore, inadmissible because the photographic activities were outside the scope of 21 U.S.C. s 374(a) (1970). Section 374(a) provides in pertinent part:
(a) For purposes of enforcement of this chapter, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which food, drugs, devices, or cosmetics are manufactured, processed, packed, or held, for introduction into interstate commerce or after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in interstate commerce; and (2) to inspect, *533 at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials; containers, and labeling therein.
Pursuant to Section 374(a), a flexible standard of ‘reasonableness' defines the contours of an FDA inspection. Cf. Durovic v. Palmer, 342 F.2d 634 (7th Cir. 1965). The Court believes, under the circumstances present in this case, the photographing of warehouse conditions by FDA agents was not unreasonable. The agents were in the warehouse pursuant to lawful authority and following all procedural requirements mandated under Section 374, supra. Further, although it is an unnecessary basis for an inspection, the defendants fully consented to the inspections by FDA. See United States v. Del Campo Baking Mfg. Company, 345 F.Supp. 1371 (D.Del.1972).2 The photographs were taken as part of the inspection, and the inspectors made no efforts to conceal the fact that photographs were being taken. Moreover, in this case the photographs introduced into evidence at trial were merely cumulative of the inspectors' testimony regarding the insanitary conditions in the warehouse.
Defendants also argue their rights under the Fourth Amendment to the United States Constitution were violated by the inspectors photographic activities which exceeded their statutory authority. However, as previously discussed, the FDA agents were properly acting pursuant to statutory procedures. Assuming arguendo, the photographing of evidence in this case is a ‘search and seizure’ under the Fourth Amendment, the Court believes that once the validity of the inspection is established, the propriety of a photographic ‘search’ is coextensive with the validity of the inspection. Cf. Carter v. Beto, 426 F.2d 242 (5th Cir. 1970). The Court therefore finds that the inspection was conducted pursuant to proper authority, and that no illegal or unwarranted intrusion resulted from the photographic activities.
Finally, it is asserted by the defendants that they should have been given Miranda3 warnings prior to any protographic activities. The Court finds this contention meritless. Defendants were neither in ‘custody’ nor deprived of their freedom at any time in question. See United States v. Thriftimart, Inc., 429 F.2d 1006, 1011 n.6 (9th Cir. 1970), cert. denied, 400 U.S. 926, 91 S.Ct. 188, 27 L.Ed.2d 185; United States v. Del Campo Baking Mfg. Company, supra. Moreover, and contrary to defendants' contention, there is no evidence of record that the focus of the Government's intent in inspecting the warehouse had, at any relevant time, shifted from a mere inspection to a criminal investigation.
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