Deck 7: Special Needs Searches

Question 1

Special needs searches include all of the following characteristics, except:

A)they can result in criminal prosecution and conviction.
B)they don't require warrants or probable cause.
C)they are directed at people generally, not at criminal suspects or defendants specifically.
D)their reasonableness depends entirely on protecting invasions of individual privacy.

Answer 1

D

Question 2

In Norris v. Premier Integrity Solutions, Inc. (2011), the Sixth Circuit Court held that certain individuals had a diminished expectation of privacy. To which type of individual did the court refer? ​

A)a pre-trial detainee who has consented to drug testing
B)a student enrolled in college
C)an inmate in prison
D)a probationer under supervision

Answer 2

A

Question 3

Historically, before the second half of the twentieth century, U.S. prisoners: ​

A)had almost no rights under the Constitution.
B)were fully protected by the Constitution.
C)were protected by the Constitution if they plead guilty.
D)were protected by the Fourth Amendment in the privacy of their cells.

Answer 3

A

Question 4

In determining the reasonableness of airport searches, courts have: ​

A)not ruled on this matter.
B)held that they entail minimal intrusions that apply to all passengers.
C)considered them to be private searches.
D)held that airports may conduct them to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.

Question 5

Joan Smith is entering the United States at the Canadian border. Officers have reasonable suspicion to believe she is smuggling drugs. Which of the following searches of Joan may the officers lawfully conduct? ​

A)A routine border search, a strip search of her person, a search of her handbag, and a body cavity search.
B)Only a routine border search and a search of her handbag.
C)A routine border search, a strip search of her person, and a search of her handbag.
D)Only a routine border search.

Question 6

With regard to a prisoner's expectation of privacy, the court has ruled that prisoners have: ​

A)rights to privacy equal to those of a free man.
B)absolutely no rights to privacy whatsoever.
C)a substantially reduced expectation of privacy.
D)only those rights that are given at the discretion of the prison administration.

Question 7

In what case did SCOTUS hold that a student may be searched at school, based on reasonable suspicion rather than probable cause (due to the school's need to maintain a healthy learning environment)? ​

A)Vernonia School District v. Acton
B)Board of Education v. Earls
C)New Jersey v. T.L.O.
D)Commonwealth v. Nielson

Question 8

Which of the following is not one of the three theories courts use to explain why probationers and parolees have diminished Fourth Amendment privacy rights? ​

A)They're still in state custody-conditional release is a privilege, not a right.
B)Searches of probationers and parolees are consent searches and seizures, agreed to in their signed "contract" of release.
C)They have diminished rights to promote the safety and security of probation and parole officers.
D)Courts use a balancing approach, which considers the government's interest in protecting society and reducing recidivism, versus privacy and the right against unreasonable searches and seizures.

Question 9

Frank is an inmate at Greensburg State Prison, and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:

A)constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
B)constitutional, because prisoners forfeit all Fourth Amendment rights.
C)unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or other evidence of a crime on Frank.
D)unconstitutional, unless prison officials have probable cause to think they will find contraband or other evidence of a crime on Frank.

Question 10

Which of the following special needs searches applies only to prisoners, probationers, parolees, pretrial releasees, and visitors and employees of prisons and jails? ​

A)airport searches
B)inventory searches
C)drug testing
D)custody-related searches

Question 11

According to U.S. v. Ramsey (1977), searches at international borders are:

A)reasonable even without a warrant or probable cause.
B)reasonable only with a warrant.
C)reasonable without a warrant, if there is probable cause.
D)require probable cause, followed by a warrant.

Question 12

In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman's car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. SCOTUS decided that the search of the glove compartment:

A)violated the U.S. Constitution, because it did not use the least intrusive means to secure the drugs.
B)did not violate the U.S. Constitution, because it was a legitimate inventory search.
C)violated the U.S. Constitution, because it was conducted on a suspicion that drugs were in Opperman's glove compartment.
D)did not violate the U.S. Constitution, because drugs were discovered in the glove compartment.

Question 13

What type of search involves searching prisoners, probationers, and parolees, as well as visitors and employees of prisons and jails, to control contraband? ​

A)an inventory search
B)a custody-related search
C)a border search
D)an inspection search

Question 14

In South Dakota v. Opperman (1976), SCOTUS held that the Vermillion, South Dakota, police department conducted reasonable Fourth Amendment searches when they used:

A)container search procedures.
B)inventory search procedures.
C)border search procedures.
D)pretrial search procedures.

Question 15

In Florence v. Board of Chosen Freeholders , SCOTUS (5-4)decided that strip searching Albert Florence before he entered the general jail population was:

A)not reasonable, because it was a minor offense.
B)reasonable, because he had contraband.
C)not reasonable, due to a lack of reasonable suspicion.
D)reasonable, based on Florence's behavior.

Question 16

Which of the following is not considered a special needs search?

A)an inventory search
B)a prenatal patient drug search
C)a hot pursuit search
D)an airport search

Question 17

With regard to border searches, SCOTUS has found that: ​

A)any kind of border search can be made without any justification whatsoever.
B)strip searches must be justified by probable cause.
C)body cavity searches are never justified.
D)the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.

Question 18

Law enforcement officers take inventories to satisfy three government interests that aren't directly connected to searching for evidence of a crime. Which of the following is not one of those three government interests? ​

A)To protect owners' personal property while they, or their vehicles or other containers, are in police custody.
B)To protect owners from false accusations while in police custody.
C)To protect law enforcement agencies against lawsuits for the loss, destruction, or theft of owners' property.
D)To protect law enforcement officers, detained suspects, and offenders from the danger of bombs, weapons, and illegal drugs that might be hidden in owners' property.

Question 19

The leading SCOTUS cases regarding the Fourth Amendment and drug testing involve all of the following settings, except: ​

A)employees in the workplace.
B)citizens in airports.
C)pregnant patients in hospitals.
D)students in high schools and colleges.

Question 20

According to SCOTUS, searches at international borders are reasonable:

A)only if based on probable cause.
B)only with a warrant.
C)only if based on reasonable suspicion.
D)without warrants, probable cause, or reasonable suspicion.

Question 21

SCOTUS has ruled that inventory searches are not Fourth Amendment searches. ​

Question 22

To do a body cavity search at an international border, which of the following is needed? ​

A)probable cause
B)reasonable suspicion
C)individualized suspicion
D)a written set of procedures

Question 23

What is required for the drug tests of public employees to be justified? ​

A)Routine procedures are established to protect individual privacy.
B)Routine procedures are established to promote public safety.
C)The employee must have violated safety rules.
D)Nothing is required, and public employees can be tested at any time.

Question 24

SCOTUS has not applied the Fourth Amendment to "special needs" that aren't directly related to criminal law enforcement. ​

Question 25

The need to protect police from possible danger is not a justification for inventory searches. ​

Question 26

The Fourth Amendment doesn't apply to unannounced searches of prisoners and their cells, for weapons and contraband, even if the motive behind the search was harassment. ​

Question 27

The objective basis for inventory searches consists of following routine procedures in compiling the inventory. ​

Question 28

According to State v. Ellis , who may conduct a dormitory room search in Ohio without any justification? ​

A)law enforcement
B)campus police
C)law enforcement and campus police
D)resident assistants

Question 29

DNA testing of incarcerated felons: ​

A)has been declared unconstitutional by the courts that have considered it.
B)has been found to be constitutional by SCOTUS.
C)has been found to be constitutional by the courts of appeal that have considered it.
D)has not yet been addressed in any court opinions.

Question 30

A batch of letter-sized airmail envelopes-from a country well known as a source of narcotics-that are bulky and much heavier than ordinary airmail letters, are stopped at the Post Office in New York. A U.S. Customs Inspector opens the letters and finds heroin. No search warrant was sought. Would this be considered an illegal search and seizure? ​

A)Yes, because there was no probable cause to link the envelopes to any specific crime, smuggling or otherwise.
B)No, because it constitutes a "border search" and anything crossing the border falls within this exception.
C)No, but only because "probable cause" was not articulated and a search warrant was not obtained.
D)No, it would only be admissible with a warrant or with consent, regardless of the border issue, since it involved the U.S. Mail.

Question 31

Although SCOTUS has not ruled on this issue, the Eleventh Circuit Court of Appeals has upheld Georgia's statute, which requires mandatory testing and storage of DNA for what population? ​

A)incarcerated felons
B)incarcerated sex offenders
C)sex offenders in the community
D)jailed inmates

Question 32

In Samson v. California (2006), SCOTUS expanded the ruling from U.S. v. Knights , holding that law enforcement officers can search parolees' homes: ​

A)only with reasonable suspicion.
B)without either warrants or individualized reasonable suspicion.
C)only with warrants.
D)only with probable cause.

Question 33

I n Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were arrested for child abuse after testing positive for cocaine while pregnant, SCOTUS decided that the searches: ​

A)did violate the Fourth Amendment, because they were warrantless, suspicionless, and nonconsensual.
B)did not violate the Fourth Amendment, because the incidence of cocaine use among pregnant women has created a special need.
C)did not violate the Fourth Amendment, because doctors suspected the mothers were using cocaine.
D)did violate the Fourth Amendment, because they were conducted by health care professionals and not by law enforcement officers.

Question 34

In Vernonia School District v. Acton (1995), SCOTUS found that random (without individualized suspicion)drug testing of: ​

A)students participating in athletic programs was unreasonable.
B)student athletes must be consensual in order to comply with the Fourth Amendment.
C)all students voluntarily participating in the school district's athletic programs was reasonable.
D)is not a Fourth Amendment issue.

Question 35

Full body, strip, and body cavity searches of jail inmates are reasonable without either warrants or probable cause under certain circumstances. What are those circumstances?

A)Only if, in the particular situation, the need for security outweighs prisoners' reasonable expectation of privacy.
B)Only if, in the particular situation, the need for safety outweighs prisoners' reasonable expectation of privacy.
C)Only if, in the particular situation, the need for discipline outweighs prisoners' reasonable expectation of privacy.
D)If, in the particular situation, the need for security, safety, or discipline outweighs prisoners' reasonable expectation of privacy.

Question 36

According to the SCOTUS decision in New Jersey v. T.L.O. , involving the search of a student's purse, school officials (at least those officials supervising students younger than high-school age)may search the possessions of a student under their authority:

A)only with a search warrant.
B)based on probable cause that the student has broken the law or a school regulation.
C)based on reasonable suspicion alone.
D)without a warrant, at any time, for any reason, and without individualized suspicion.

Question 37

Regarding searches of probationers' homes, U.S. v. Knights (2001)relaxed the standard of reasonableness to include searches by: ​

A)probation officers.
B)parole officers.
C)law enforcement officers.
D)corrections officers.

Question 38

What legal doctrine states that school officials are substitute parents when students are in school? ​

A)carpe parentis
B)in loco parentis
C)parentis optime
D)parentis ignotius

Question 39

The special need used to justify employee drug testing is directed mainly at: ​

A)employees who may endanger public safety while under the influence of illegal drugs.
B)employees who may be smuggling or selling illegal drugs while employed.
C)preventive government civil liability.
D)criminal law enforcement in general.

Question 40

What level of proof is required for school officials to search a high school student? ​

A)probable cause
B)no proof
C)reasonable suspicion
D)preponderance of evidence

Question 41

The requirement that law enforcement officers follow written, departmental procedures when conducting inventory searches is called the _______________ _______________ _______________.

Question 42

Body cavity searches at the border are reasonable only if authorities have _______________ _______________.

Question 43

The border search exception allows searches at international borders without warrants or probable cause.

Question 44

Drug tests of public employees, hospital patients, and students are special needs searches that balance public safety against individual privacy rights.

Question 45

The principle by which the government stands in the place of parents is _______________ _______________ _______________.

Question 46

Criminal law enforcement is not the purpose of employee drug testing.

Question 47

Government inspections and other searches not conducted to gather criminal evidence are known as _______________ _______________ searches.

Question 48

Routine, unannounced cell searches for weapons and contraband are called _______________ searches.

Question 49

Officials at public colleges and universities represent the _______________ sector.

Question 50

The special need justifying routine border searches is the right to control who and what enters and leaves the country.

Question 51

According to SCOTUS, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.

Question 52

Probationers and parolees have diminished Fourth Amendment rights.

Question 53

Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.

Question 54

Searches of persons and property at the border of the United States to control who and what comes in and goes out are known as _______________ searches.

Question 55

The safety and security of travelers are the special needs that justify _______________ searches.

Question 56

Searches that consist of compiling lists of property in government custody are _______________ searches.

Question 57

The objective standard necessary to justify a strip search at the border is _______________ _______________.

Question 58

Special needs searches can never result in prosecution and conviction.

Question 59

The privacy concerns of high school students outweigh the special needs of schools when routine drug tests are applied as a condition for students who enroll in school activities.

Question 60

SCOTUS has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms.

Question 61

Identify the special need for searches of prisoners, and discuss prisoners' expectation of privacy.

Question 62

Identify four characteristics all special needs searches have in common.

Question 63

Why are searches of high school students reasonable without warrants or probable cause?

Question 64

Why don't searches of probationers and parolees require warrants or probable cause to be reasonable?

Question 65

Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied by inventory searches. What substitutes for probable cause as the objective basis for an inventory search?