"Special needs" and the Fourth Amendment: an exception poised to swallow the warrant preference rule

Article Abstract:

The increasing use of the special needs exception to the warrant and probable cause requirements of the Fourth Amendment is based erroneously on a false distinction between civil and criminal searches. Expansive use of the special needs exception threatens to turn all Fourth Amendment inquiries into application of the reasonableness test that balances government and privacy interests after the fact. Application of the special needs exception should be limited to those situations where the purpose of the search would be frustrated by the warrant and probable cause requirements.

Warrants (Law), states, Administrative searches

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The domestic Fourth Amendment rights of undocumented immigrants: on Guitterez and the tort law/immigration law parallel

Article Abstract:

The author argues that parallels to tort law can help immigration scholars in framing the debate over the Fourth Amendment rights of illegal aliens in domestic search and seizure cases. The Guitterez II decision, allowing undocumented immigrants to assert Fourth Amendment violations, is discussed.

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Undocumented immigrants in the workplace: the fallacy of labor protection and the need for reform

Article Abstract:

The author argues that the disparate federal labor and immigration laws governing undocumented immigrant workers should be harmonized and that legal status be granted to illegal workers.

States, Interpretation and construction, Alien labor, Emigration and immigration law, Immigration law, Foreign labor

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