Originally Posted by
RichardKenner
The 4th amendment certainly applies to administrative searches. But it's always important to keep in mind that the 4th amendment doesn't ban all searches, only "unreasonable" ones.
And it also defines the terms of reasonableness. Richard, we have disagreed on this before and I respect your opinion. It is shared by a lot of people, just not me.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
My argument, minority view.
The restraint: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, ...."
The allowable exception and what makes it reasonable: "...and no Warrants shall issue,..."
The justification for the warrant: "...but upon probable cause, supported by Oath or affirmation, ..."
And the restriction on what the warrant may include: "...and particularly describing the place to be searched, and the persons or things to be seized."
Country boy, IANAL interpretation: Do not go through my stuff without a paper from a court that says there is a good reason and then you can only look at what the paper says.
The administrative search is none of that. IMO, of course.