He took an expansive view of 4th Amendment protections.
Those employees can be tested for drugs in the interest of public safety, as exceptions to Fourth Amendment protection.
The case involves the reach of Fourth Amendment protections against unreasonable search and seizure by the police.
The detainees would not, however, receive Fifth Amendment protections, he said.
But court decisions make clear there is no First Amendment protection for misleading commercial speech.
It would be violating her Fifth Amendment protection against self-incrimination.
What upsets me is the sorry state of the Fourth Amendment protections against search and seizure.
Hence, "what a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection."
"There is nothing new in the realization that Fourth Amendment protections come with a price," she said.
"It's my position that he has waived his Fifth Amendment protections for all purposes."
