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Criminal Law

: Fourth Amendment

N.D.Iowa: Corporation had only limited Fourth Amendment rights against an immigration sweep

By John Wesley Hall, Jr.

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Corporation raided to seize undocumented workers does not have full Fourth Amendment rights because it is not a "person," and it lacks standing to challenge the seizure of the individuals. The corporation only has the power to attack general warrants. United States v. Agriprocessors, Inc., 2009 U.S. Dist. LEXIS 65165 (N.D. Iowa July 28, 2009): Agriprocessors does not explain why the court should count Agriprocessors among "the people"; in other words, Agriprocessors does not offer the court a good reason to construe the Fourth Amendment to afford Agriprocessors full-blown Fourth Amendment rights. It is contrary to the precedent of the United States Supreme Court, which has made clear over the past 100 years that corporations do not enjoy the same right against unreasonable searches and seizures under the Fourth Amendment as natural persons enjoy...continue to full post

Full post as published by Fourth Amendment on July 31, 2009 (boomark / email).

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