Let me just briefly respond to some of the comments that have been made and I know circulated over the last couple days with respect to this. It is true that the U.S. Supreme Court has upheld the open fields doctrine against fourth amendment challenges in a case that had nothing to do with undocumented aliens. That case involved the growing of marijuana in an open field. however. the Courts admittedly broad resolution of the constitutional question does itself not absolve us from our responsibility to address the public policy issues involved. The question before us today is whether searches of a place of business in an open field should be treated differently under the law than those that happen to take place within the four walls of a building.
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