Editing Search and seizure (section)

===Administrative searches===
In corporate and [[administrative law]], there has been an evolution of [[Supreme Court of the United States|Supreme Court]] interpretation in favor of stronger government in regards to investigatory power.<ref>{{cite journal|last1=Primus|first1=Eve B.|title=Disentangling Administrative Searches|journal=Columbia Law Review|date=March 2011|volume=111|issue=2|pages=254–312|jstor=29777196}}</ref><ref>Barry, Donald D., and Howard R. Whitcomb, ''The legal foundations of public administration'' (Lanham, Md: Rowman & Littlefield Publishers), 122.</ref> In ''Federal Trade Commission v. American Tobacco Co.'',<ref>''Federal Trade Commission v. American Tobacco Co.'', {{ussc|264|298|1924}}</ref> the [[Supreme Court of the United States|Supreme Court]] ruled that the FTC, while having been granted a broad subpoena power, did not have the right to a general "[[fishing expedition]]" into the private papers, to search both relevant and irrelevant, hoping that something would come up. [[Oliver Wendell Holmes Jr.|Justice Holmes]] ruled that this would go against "the spirit and the letter" of the Fourth Amendment.

{{anchor|Figurative or constructive searches}} In the 1946 case of ''Oklahoma Press Pub. Co. v. Walling'',<ref>''Oklahoma Press Pub. Co. v. Walling'', {{ussc|327|186|1946}}</ref> there was a distinction made between a "figurative or constructive search" and an actual search and seizure. The court held that constructive searches are limited by the [[Fourth Amendment to the United States Constitution|Fourth Amendment]], where actual search and seizure requires a [[search warrant|warrant]] based on “[[probable cause]]”. In the case of a [[constructive search]] where the records and papers sought are of corporate character, the court held that the [[Fourth Amendment to the United States Constitution|Fourth Amendment]] does not apply, since [[corporations]] are not entitled to all the constitutional protections created in order to protect the rights of private individuals.