Speech #970183605

Simply because a farm is a factory without walls. the Border Partol blatantly applies a different set of rules. Farmers have been denied a basic right which is guaranteed under the fourth amendmentprotection from unreasonable search and seizure. INS statistics show us that 8 percent of the illegal aliens employed in the United States are working in agriculture. However. almost 50 percent of undocumented alien workers apprehended are in agriculture. These statistics reflect a bias in the enforcement activities of INS. They demonstrate that the INS is selectively enforcing the law by going to the industry where it is the simplest and most cost effective to carry out the law. This must be changed. The U.S. Border Patrol bases its warrantless search onto open fields on Hester against United States. This 1922 case involved the warrantless discovery of moonshine whisky cast onto the defendants fathers field during a police chase. The defendant claimed the evidence was inadmissable since no warrant had been obtained. Mr. Justice Holmes held that "the special protection accorded by the Fourth Amendment to the people . . . is not extended to the open fields." Pursuant to this and other court decisions. the Border Patrol finds that a law enforcement official. in furtherance of a legitimate law enforcement function. may go onto open fields of private property without a warrant. This privilege. however. does not extend to what is known as curtilage. or domestic areas. barns. garages. and patios immediately surrounding a house. usually. but not always. fenced.