In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of search and seizure of personal data by the police?

In Wolff , the high court concluded that the statute violated "the liberty of contract" under the Fourteenth Amendment. ( Wolff , supra , 262 U.S. at p. 544, 43 S.Ct. 630.) The court relied on precedent that had located "the right of the employer on the one hand, and of the employee on the other, to contract about his affairs" in substantive due process. ( Id. at p. 534, 43 S.Ct. 630, citing Adkins v. Children's Hospital (1923) 261 U.S. 525, 43 S.Ct. 394, 67 L.Ed. 785 ( Adkins ).) As we have explained, "this restrictive view of the police power was completely repudiated" by

[405 P.3d 1096]