What is the burden of justifying a search warrant for a teacher's membership of an anti-fracking group?

8 Since the searches were made without warrants, the county of course bears the burden of justifying them. (See People v. Henry (1967) 65 A.C. 896, 898, 56 Cal.Rptr. 485, 423 P.2d 557, and cases there cited.)

9 This discretion, limited by no standard and subject to no appeal, heightens the peril faced by any recipient bold enough to deny entry. Not surprisingly, none of the recipients were so daring here. (See Respondent's Reply Brief, p. 10.) In Shelton v. Tucker (1960) 364 U.S. 479, 81 S.Ct. 247, 5 L.Ed.2d 231, the court struck down a statute requiring teachers to report their membership in any organization, nothing that '(s)uch interference with personal freedom is conspicuously accented when the teacher serves at the absolute will of those to whom the disclosure must be made--those who any year can terminate the teacher's employment without bringing charges, without notice, without a hearing, without affording an opportunity to explain.' (364 U.S. at p. 486, 81 S.Ct. at p. 251.) (Cf. Note, op. cit. supra, 67 Colum.L.Rev. 84, 93.)