Deck 13: A Contemporary Analysis of Drug Tests, the Fourth Amendment, and the Courts Rationale for Warrantless and Suspicionless Searches: Claudia San Miguel

Question 1

According to the National Institute on Drug Abuse, more than ___ Americans use illicit substances.

A) 20% of.
B) 22.2 million.
C) 51.2% of.
D) 50 million.

Answer 1

B

Question 2

The combination of illicit drug use and alcohol use is believed to cost the country more than ____ annually in lost work productivity, health care, and crime.

A) $10 billion.
B) $60 billion.
C) $100 billion.
D) $600 billion.

Answer 2

D

Question 3

In Schmerber v. California, the Supreme Court ruled that ________________.

A) Blood tests violated the search-and-seizure provisions of the Fourth Amendment.
B) A blood sample without a warrant was constitutional as long as the sample was taken by a law enforcement officer.
C) Blood tests were considered searches within the meaning of the Fourth Amendment.
D) A blood sample could only be taken with a warrant.

Answer 3

C

Question 4

The most successful challenges to drug tests, although limited in number, have been those that rely on the safeguards of the _____ Amendment.

A) Fourteenth.
B) Fifth.
C) Fourth.
D) Sixth.

Question 5

In New Jersey v. T.L.O., the Court held that warrantless searches were not in violation of the Fourth Amendment so long as they were ______.

A) Reasonable.
B) Limited in scope.
C) Conducted by law enforcement personnel.
D) Conducted at an off-campus location.

Question 6

In Skinner v. Railway Labor Executives Association, the Court

A) Ruled that the Fourth Amendment was applicable to a private industry.
B) Ruled that the taking of blood and breath for analysis were indeed searches within the meaning of the Fourth Amendment.
C) Invoked the special-needs exception to the Fourth Amendment and held that the warrant and probable cause requirements were impractical for the railroad and the government's mutual interest in promoting public safety.
D) All of the above.

Question 7

In which case did the Supreme Court rule on the constitutionality of a drug-testing program, which required U.S. Customs Service employees applying for promotion to sensitive positions to submit urine specimens prior to being assigned to these sensitive positions?

A) O'Connor v. Ortega.
B) Katz v. United States.
C) National Treasury Employees Union v. Von Raab.
D) Chandler v. Miller.

Question 8

In which case did the Supreme Court rule on the constitutionality of home visits for welfare recipients?

A) Marchwinski v. Howard.
B) Sanchez v. County of San Diego.
C) Lebron v. Secretary, Florida Department of Children and Families.
D) Wyman v. James.

Question 9

In Sanchez v. County of San Diego, the court ruled that ________________.

A) Home visits do not qualify for protection under the Fourth Amendment.
B) It was permissible to allow law enforcement officers from the District Attorney's office to enter the home of welfare applicants and recipients.
C) No warrant or legal requirements were needed to enter the home of welfare applicants and recipients.
D) All of the above.

Question 10

Which of the following is not a true statement about the court's ruling in Lebron v. Secretary, Florida Department of Children and Families?

A) A lawsuit for a temporary injunction was filed in district court.
B) Both the district court and the Eleventh Circuit Court ruled that the stated did show a special need to justify drug tests of welfare applicants and recipients.
C) The state of Florida presented evidence of a previous state pilot program showing the rate of illicit drug use by TANF applicants.
D) The state of Florida appealed the district court decision.