ABSTRACT

Chapter 10 presents very comprehensive coverage of administrative searches, seizures, and detentions. Coverage is presented in the context of the difficult challenge administrators face when they try to balance the rights of society against the rights of individuals when conducting administrative searches, seizures, or holding people under administrative detentions. Fourth Amendment safeguards are scrutinized in the context of administrative searches. It is acknowledged that commonly those accused of crimes have more protections against unreasonable searches and seizures than those accused of no crimes, but are subject to administrative searches that allow for fewer Fourth Amendment protections. Privacy rights under the Fifth Amendment are also covered. Considerable case law is presented in the context of Fourth and Fifth Amendment privacy rights when administrative searches are conducted and seized evidence is used against people and businesses by the government. Administrative searches, seizures, and detentions since The USA PATRIOT Act make clear that Fourth and Fifth Amendment privacy protections receive much less respect by the courts than they once did.