This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances.
There is a school of legal thought, which Alito seems to endorse, that holds that facial challenges, invoking the Fourth Amendment, of statutes authorizing searches should almost never be permitted, or should at least be extremely hard to win.
The FISA statute requires a search warrant for a domestic wiretap.
We think there is no state statute authorizing the search of a house without a warrant; and in a number of state laws recently enacted for the enforcement of prohibition in respect of intoxicating liquors, there are provisions similar to those in section 25 of the National Prohibition Act.
In both cases, members of a special federal unit charged with enforcing a particular federal criminal statute stopped and searched a vehicle when they had probable cause to believe that the operator was violating that statute.
The concern is that law enforcement agencies will be able to rely on the proposed statute to organize searches and confiscations from owners or operators of various blogs and personal websites.
The advocacy group has also filed a motion in court to suspend the body scanner program, saying that it violates the Fourth Amendment (and other statutes) by imposing search procedures that are more intrusive than the courts have allowed for routine screening.
But the ACLU argues the agency's treatment of Ou was "unjustified and unlawful," saying it wasn't "necessary" or "appropriate" — a threshold set in the statute outlining CBP's search authority.
In Marshall v. Barlow's, Inc., 436 U.S. 307 (1978), we held that a statute authorizing a warrantless search of business premises in order to detect OSHA violations violated the Fourth Amendment.
Kansas state statutes define a strip search as "removing or rearranging some or all of a person's clothing, by or at the direction of a law enforcement officer".
