FCC warrantless searches?
According to this story, an FCC agent investigating a possible pirate radio station in Boulder, Colorado this month, posted a note quoting FCC policy at the residence suspected of hosting an unlicensed transmitter. The statement apparently said, “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection.”
This statement alone has spurred concerns by citizen groups that FCC officials might, at some point, engage in warrantless searches of private residences. It doesn't seem so.
While the statement might look to be asserting authority that transcends Fourth Amendment protections, one should consider the intended audience of this notice and the actual practices of government enforcement officials. I don't think we're talking about baby monitors rated in miliwatts of transmitting power or devices that generate minimal levels of RF interference. If a cop asserts some official-sounding administrative rule in order to trick a subject into consenting to search, that's an entirely different matter.
Yes, the Fourth subjects the government to a probable cause standard in the case of private homes. It seems plausible that if there's an unlicensed station operating on the premises, probable cause is met and a warrant could be issued on that home and its occupants. If the station is licensed, then it seems that implied consent to inspect is already established.
However, is a warrant even necessary if we're talking about a business, which is generally held to be open to the public during business hours?
And by broadcasting to the public over the public's airwaves, is one holding himself out as a radio station (which is a business operation), therefore no longer a private residence?
One essential question is, does a private residence lose its Fourth protection when it looks and acts like a radio station? The FCC's position has been that radio stations are open for business during all hours of operation.
If an inspector (or firefighter or rescue worker) observes the presence of contra ban, they can report it to law enforcement. I believe the Supreme Court has maintained that this is probable cause to issue a search warrant.
