Word: warranting
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Dates: during 1970-1979
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AFTER A CAMPUS PROTEST in 1971, police obtained a warrant to search the files of the Stanford Daily, an undergraduate newspaper. Since then, two courts have ruled that law enforcement officials must obtain a subpoena to search a newspaper office. Unlike a warrant, a subpoena gives warning before a search, allowing the paper to gather and submit only the documents, tapes or photographs specifically relevant to the case in question. Moreover, it provides the paper a chance to prove that it in fact has no pertinent material, as was the case at Stanford...
...almost three years ago, the irritated proprietor refused him entry. Barlow, an electrical and plumbing subcontractor, cited the Bill of Rights, a copy of which hangs on his office wall, and particularly the Fourth Amendment, which prohibits "unreasonable searches" of private property. The inspector, Barlow insisted, needed a search warrant to inspect his place of business. After Barlow ignored a federal judge's order to allow the inspector in, the Government went back to court, and a three-judge federal panel agreed with the contractor. Then the Government appealed, and last week the Supreme Court...
...fact, it was not an undiluted victory for the businessman. The court was careful not to strip OSHA of its power to make surprise inspections; it ruled that a warrant must be obtained from a federal magistrate only if an employer demands it. Further, the court released OSHA from having to show probable cause, as in criminal searches, to get the warrant. Indeed, OSHA need not even suspect safety or health violations to request a warrant. Said OSHA'S chief, Eula Bingham: "It all depends on what the employers do. If most comply, there will be no problems...
...either side of the issue believes that OSHA'S activities will be substantially affected. There may be some early delays while OSHA inspectors learn how to get warrants, but this phase should pass quickly. In any event, smart employers will probably not often insist on a warrant. Doing so may just make the inspectors more suspicious and more demanding in their inspections...
...zeal, for more was at stake than the fates of a pair of inept spies. The trial, which ended in the colonial courthouse in Alexandria, Va., last Friday, set the stage for the testing of a crucial constitutional question: whether a U.S. President can order wiretaps without a judicial warrant in cases involving national security...