Note 373 — Chapter V · THE DEPORTATIONS

The subject of unreasonable searches and seizures will be discussed in the next chapter. There are some statements that the Fourth Amendment does not apply to deportation proceedings, Fong Yue Ting v. U. S., 149 U. S. 698, 730 (1893); Re Chin Wah, 182 Fed. 256 (1910), but the contrary has been held in a much cited case, U. S. v. Wong Quong Wong, 94 Fed. 832 (1899). See also Moy Wing Sun v. Prentis, 234 Fed. 24 (C. C. A. 1916). In Weeks v. U. S., 232 U. S. 392 (1914), Day, J., said of the Fourth Amendment: “This protection reaches all alike, whether accused of crime or not”; and in Ex parte Jackson, 96 U. S. 727 (1877), it was applied to administrative opening of the mails. It is inconceivable that the Amendment has no application to non-criminal proceedings though of course the test of what is reasonable is different. In re Pacific Ry. Com’n, 32 Fed. 241, 251 (1887); I. C. C. v. Brimson, 154 U. S. 447, 478 (1894).