oath
showing instances where employees have worked in excess of hours of
labor permitted by law.[46] Without violating either the Fourth or Fifth
Amendments, a judicial decree enjoining illegal practices under the
Antitrust Act may provide that the Department of Justice shall be given
access to all records and documents of the corporation relating to the
matter covered by the decree.[47] The Supreme Court has intimated,
however, that record keeping requirements must be limited to data which
are relevant to the effective administration of the law.[48]

Search and Seizure Incidental to Arrest

The right to search the person upon arrest has long been recognized[49]
but authority to search the premises upon which the arrest is made has
been approved only in recent years. In Agnello _v._ United States,[50]
the Supreme Court asserted that: "The right without a search warrant
contemporaneously to search persons lawfully arrested while committing
crime and to search the place where the arrest is made in order to find
and seize things connected with the crime as its fruits or as the means
by which it was committed, as well as weapons and other things to effect
an escape from custody, is not to be doubted."[51] Books and papers used
to carry on a criminal enterprise, which are in the immediate possession
and control of a person arrested for commission of an offense in the
presence of the officers may be seized when discovered in plain view
during a search of the premises following the arrest.[52] The lawful
arrest of persons at their place of business does not justify a search
of desks and files in the offices where the arrest is made and seizure
of private papers found thereon.[53] A search which is unlawfully
undertaken is not made valid by the evidence of crime which it brings to
light.[54]

By a five to four decision in Harris _v._ United States[55] the Court
sustained, as an incident to a lawful arrest, a five hour search by four
federal officers of every nook and cranny of a four-room apartment. It
also upheld the seizure of papers unrelated to the crime for which the
arrest was made, namely, Selective Service Registration cards which were
discovered in a sealed envelope in the bottom of a bureau drawer. In
justification of this conclusion, Chief Justice Vinson wrote: "Here the
agents entered the apartment under the authority of lawful warrants of
arrest. Neither was the entry tortious nor was the arrest which followed