The growth in number and size of government agencies, beginning about 80 years ago, has been accompanied by the expanded use of “administrative subpoenas.” These are warrants, not signed by a judge, by which government obtains records and other evidence.

More and more Americans have come to understand that these administrative subpoenas violate the Fourth Amendment’s processes needed to guard against unreasonable searches and seizures of our persons, houses, papers and effects. Judge-less subpoenas are now especially prevalent in targeting telephone and computer records, but they have been used in many ways that transgress the law.