The following excerpt is from U.S. v. Choate, 576 F.2d 165 (9th Cir. 1978):
But here this framework is of course a red herring. These elements of the legal mechanism which have been constructed to implement the Fourth Amendment are, of course, wholly irrelevant when the Fourth Amendment does not apply in the first instance. United States v. Lisk, supra.
16 Consequently, amici are also barred from advancing this ground.
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