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Criminal Law

: Crime & Federalism

Are the Government's Lap Dogs Private Actors?

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What is a practical consequence of deputizing corporate counsel as agents of the federal government?  For one, the Constitution gets thrown into the trash. As you likely know, several constitutional provisions limit what the government can do to you.  They can't, for example, search you without probable cause.  They can't offer you any money for a confession.  They can't demand that you give them a statement or else lose your government job. As you also likely know, your private employer can search you without probable cause.  They can come rustle through your office and monitor your e-mails.  They can tell you to confess to your crimes or lose your job.   The Constitution, after all, doesn't regulate private conduct...continue to full post

Full post as published by Crime & Federalism on July 29, 2008 (boomark / email).

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