Sunday, January 01, 2006

Buck on the Fourth Amendment

and the Colonnade-Biswell doctrine allowing warrentless searches by
...inspectors from agencies such as the Food and Drug Administration, the Occupational Safety and Health Administration, etc. regularly rely on this doctrine to perform inspections without a warrant.

Anyway, now that so many people are complaining about the NSA's scrutiny of overseas phone calls related to terrorist groups, it would be interesting if they could do one of two things: 1) Demonstrate their logical consistency by arguing that all agencies of the federal government -- including OSHA, FDA, etc., and not just the NSA -- should have to get a warrant and prove probable cause before performing inspections; or 2) Explain why the inspection of liquor stores or junkyards is so much more important than catching al Qaeda. Otherwise, the criticism of the NSA appears to be nothing more than partisan opportunism.

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