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24 Pepp. L. Rev. 1235 (1996-1997)
Welfare Fraud and the Fourth Amendment

handle is hein.journals/pepplr24 and id is 1245 raw text is: Welfare Fraud and the Fourth Amendment Erik G. Luna I. INTRODUCTION Welfare fraud is an epidemic. Although concentrated in the impover- ished inner cities of America, this pathetic form of theft has been un- covered in uptown apartments and beach-front condos. Public assis- tance fraud can be perpetrated by individuals, families, and mom-and- pop grocery stores. In some cities, it can take on the characteristics of organized crime. Welfare fraud has even corrupted the public officials in which the citizenry has vested solemn trust. The numbers are stag- gering-billions of dollars in government largesse are illegally siphoned off every year. As one might guess, the public reaction has been one of absolute anger and distrust. The legislative response has echoed this public opinion. Unfortunately, the heated rhetoric often fosters draco- nian solutions, such as placing welfare children in orphanages, cutting off aid to legal immigrants, or simply abolishing welfare altogether. Rather than championing efforts to reduce welfare fraud-thereby diminishing the demand for ignoble and mean-spirited solu- tions-welfare advocates have invested time and effort into undermin- ing the investigatory tools available to law enforcement. In this way, these organizations are slowly but surely killing the goose that lays the golden eggs. The final resolution might be to eliminate public assis- tance programs rather than to countenance unmitigated welfare fraud. A case in point is the consent walk-throughs conducted by public assistance fraud investigators of the San Diego District Attorney's Of- fice. With (and only with) the voluntary consent of the welfare recipi- ents, these investigators inspect residences to insure eligibility for pub- lic assistance. Various San Diego area welfare advocates, however, have * Deputy District Attorney, Office of the San Diego District Attorney. J.D., Stan- ford Law School; B.S., University of Southern California 1235