Fourth Amendment, Wyman v. James

[Emsworth]

The decision was unsound.

Firstly, the court held that the visitation did not constitute a "search" of the appellee's home. Needless to say, such a view is utterly ridiculous. The authorities were not searching for specific evidence of criminal activity, but this is not the only type of search precluded by the Fourth Amendment: all unreasonable searches are forbidden.

Secondly, the court held that even if the visitation constitutes a search, it was a reasonable one. This is a decidedly unsound view. The search was not based on even an iota of suspicion; it was completely and utterly arbitrary, conducted at the whim of the government. Clearly, therefore, it was not a reasonable search.

It is true that states may compel individuals to give up certain rights in return for discretionary benefits. However, the rights given up must be reasonably related to the benefit in question. I see no connection between receiving welfare benefits and the right to be free from unreasonable searches and seizures.

[Emsworth]

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The need for visitation by a caseworker and the welfare assistance provided by the government are directly related.

A search is not reasonable merely because the government feels that it might serve somebody's "paramount needs." The requirement for probable cause is made clear by the Fourth Amendment itself.

[Emsworth]

Probable cause does not apply because criminal conduct is not alleged for justification of the search.

I agree that criminal conduct is not alleged as justification of the search. But whenever that is the case, the search is ipso facto unreasonable. The very purpose of the Fourth Amendment is to prevent the government from searching private property, except when there is an actual, reasonable expectation of discovering incriminating evidence.

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As I noted, however, the government may condition the grant of a discretionary benefit on the surrender of constitutional right, but only when that right is related to the benefit. The right to be free from unreasonable searches is entirely unrelated to receiving welfare benefits. But when a defense contractor is building jets, and the government wishes to inspect those jets, there is an obvious nexus.

[Emsworth]

And yet checking that the living conditions of the child that the adult was receiving funds to help raise is not such a relation? 

The condition of the child can quite easily be checked at a government office. A "visitation" of the whole home is quite unnecessary.