Washington Law Review


This Note analyzes LaDuke v. Nelson, in which the Ninth Circuit held that the farm and ranch check practices of the INS violated the fourth amendment in that seizures were made without warrants, probable cause, or articulable suspicion of illegal alienage. The court's alternative holding criticized the INS for conducting searches without warrants, probable cause, or effective consent. For LaDuke to stand it must be carefully distinguished from the Supreme Court's most recent fourth amendment decisions, which juxtapose the individual's interest in privacy and security with the government's interest in effective law enforcement. LaDuke should stand because it provides an appropriate standard for cases which involve searches and seizures for the purpose of apprehending farm workers who are illegal aliens. That standard prevents the INS from harassing citizens and lawfully present aliens based on their racial or ethnic characteristics. It also prohibits the INS from harassing citizens and legal aliens based on their presumed proximity to illegal aliens.

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