Upgrade to remove ads
Chapter 7: Special Needs Searches
Terms in this set (17)
Special Needs Searches
An exception to the warrant and probable cause requirements of the Fourth Amendment exists where "special needs" of the government, beyond the normal need for law enforcement gathering evidence for crime investigation, make the warrant and probable cause requirements impracticable.
Characteristics of Special Needs Searches
1. They're directed at people in general, not specific criminal suspects or defendants.
2. They can result in criminal prosecution and conviction.
3. They don't require warrants or probable cause.
4. Their reasonableness depends on balancing special government needs against invasions of individual privacy.
Special Needs Searches Include...
- Inventory searches
- International border searchers
- Airport searches
- Custody-related searches
- Employee drug testing
- Student searches (Middle, High, College)
- Prenatal Patient Drug Testing
- Administrative Searches
Inventory searches involve examining and listing peoples' personal property and containers held in government custody.
(A container is anything used to hold peoples' stuff/The containers are visually inspected, and items within are listed before being put away for safekeeping.)
(Examples: Impounded Cars, Property in Jail)
reasonableness of an inventory search
Protection of owner's stuff while in police custody
Protection of law enforcement against lawsuits for loss, destruction, or theft of owner's stuff
Protection of law enforcement against dangerous items/contraband that may be hidden in owner's stuff
Based on routine procedures, not probable cause or reasonable suspicion (routine-procedure limit)
Still, allows for discretion
International Border Searches
The border search exception maintains that
searches at international borders are reasonable even without warrants or probable cause.
(Based on government interest to protect who and what comes into the country/Strip searches for contraband and weapons require reasonable suspicion/Body-cavity searches require probable cause)
According to the U.S. Supreme Court,
airport searches are reasonable without
reasonable suspicion or probable cause.
- Searches are done for security and safety of air travelers.
- Special needs to search outweighs the minimal invasion of privacy.
- All people are notified in advance of possibility of searches.
Custody Related Searches
- Hudson v. Palmer - Supreme Court upholds searches of prison inmates
- Florence v. Board - Supreme Court upholds strip searches of jail detainees as a routine admissions procedures.
Marybeth G v. City of Chicago
Women arrested for misdemeanor offenses (ie; outstanding parking tickets) were strip searched by matrons in lockups maintained by the City of Chicago while awaiting the arrival of bail money. The strip searches were conducted in accordance with a policy of the City that existed from 1952 to 1980. That policy required a strip search and a visual inspection of the body cavities of all women arrested and detained in the City lockups, regardless of the charges against the women and without regard to whether the arresting officers or detention aides had reason to believe that the women were concealing weapons or contraband on their persons. The policy did not apply to men, who were subjected to a thorough hand search.
Probationers and Parolees
Probationers and parolees have diminished Fourth Amendment rights because:
- Custody: Even though they are not incarcerated, they are still in state custody.
- Consent: They have agreed in a "contract" for their release to searches/seizures.
- Balancing: Protecting society against recidivism outweighs limited invasion of their privacy.
Probationers and parolees have
diminished Fourth Amendment rights because..
- Some courts see conditional release as a privilege, not a right—a conditional liberty.
- Searches of probationers' homes only require reasonable suspicion.
- Parolees' homes can be searched without warrants or individualized reasonable suspicion.
- Parolees have fewer expectations of privacy than probationers.
According to the legal doctrine in loco
parentis, school administrators are
"substitute parents" while students are in
(Courts must weight the special need for schools to maintain a learning environment against students' privacy/School officials only need reasonable suspicion to search students and their belongings).
College Dormitory Room Checks
- U.S. Supreme Court has never ruled on validity of searches of dorm rooms.
- Important to recognize the difference between public colleges and private colleges.
- Fourth Amendment only applies to government officers...
Employee Drug Testing
Searches to uncover employee drug use
Through drug testing:
- are directed at the special need to reduce the danger to public safety caused by pilots, bus drivers, railway engineers, and others who work while they're under the influence of alcohol and other drugs.
- are reasonable for certain public employees, even without individualized suspicion or warrant, provided that they are conducted according to administrative regulations.
An administrative search is a routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations.
(It seeks to enforce things like fire, health, safety, and housing codes and licensing provisions.
An administrative search ordinarily does not result in a criminal prosecution.)
Warrantless Administrative Searches
- Places where Alcohol Sold
- Places where Guns Sold
- Junkyards, Scrap Metal Dealers
Fighting and Investigation Fires
- An entry to fight a fire does not require a warrant.
- Administrative warrant applies where no exception applies and the property owner maintains a REOP
- Circumstances that justify a warrantless search for the cause of a fire may not justify a search to gather criminal activity once the cause has been determined.
THIS SET IS OFTEN IN FOLDERS WITH...
Chapter 4 Definitions
CJ chapter 4 The Exclusionary Rule
Chapter 7 criminal procedure
WA#1: Mass Incarceration
YOU MIGHT ALSO LIKE...
AJ quiz Chapter 11 Special Needs and Administrativ…
Chapter 07: Inspections and Regulatory Searches
criminal procedure exam 2
OTHER SETS BY THIS CREATOR
Public Speaking exam
chapter 12: media and social change
chapter 12: media and children
Chapter 12: media and violence