Deck 7: Special Needs and Regulatory Searches

Question 1

The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in:

A) Controlling crime.
B) Detecting evidence of law violations.
C) Protecting public safety.
D) All of the above

Answer 1

Protecting public safety.

Question 2

The Supreme Court sanctioned vehicle inventories in:

A) South Dakota v. Opperman.
B) Frank v. Maryland.
C) Camara v. Municipal Court.
D) Illinois v. Layayette.

Answer 2

South Dakota v. Opperman.

Question 3

Warrantless vehicle inventories are permissible:

A) Following a lawful impoundment.
B) When they follow standard operating procedures.
C) When they are not pretextual.
D) All of the above

Answer 3

All of the above

Question 4

Which of the following is NOT considered a regulatory search?

A) Inspection
B) School disciplinary search
C) Checkpoint
D) Stop and frisk

Question 5

________ are permissible if, among other requirements, they follow standard departmental operating procedures.

A) Person inventories
B) Vehicle inventories
C) Body cavity inspections
D) Property seizures

Question 6

Which of the following is NOT a reason in support of vehicle inventories?

A) They protect the vehicle owner's property.
B) They protect against theft of the vehicle.
C) They make the police's job easier.
D) They are useful for discovering evidence of crime.

Question 7

The police may search ________ during the course of a vehicle inventory.

A) Any container discovered
B) Only the passenger compartment
C) The passenger compartment
D) The trunk

Question 8

Which of the following can be considered administrative searches?

A) Inspections
B) Stop and frisks
C) Consent searches
D) Stationhouse detentions

Question 9

Person inventories are sometimes called:

A) Armspan searches.
B) Custodial inventories.
C) Arrest inventories.
D) Search incident to arrest.
E) All of the above

Question 10

In which case did the Supreme Court sanction fire inspections?

A) Camara v. Municipal Court
B) Michigan v. Tyler
C) United States v. Ramsey
D) Carroll v. United States

Question 11

Fire inspections must be ________ in relation to the timing of the fire.

A) Delayed
B) Contemporaneous
C) Conducted when practical
D) Conducted only with a search warrant

Question 12

Fire inspections must be ________ in relation to the timing of the fire.

A) Delayed
B) Contemporaneous
C) Conducted when practical
D) Conducted only with a search warrant

Question 13

The Supreme Court has authorized warrantless inspections of all but:

A) Firearms dealerships.
B) Vehicle junkyards.
C) Closely regulated businesses.
D) Liquor stores.
E) All of the above

Question 14

Border checkpoints have been upheld:

A) On the nation's waterways.
B) At international borders.
C) At checkpoints well inside the nation's borders.
D) All of the above

Question 15

In which case did the Supreme Court sanction sobriety checkpoints?

A) Carroll v. United States
B) Michigan Dept. of State Police v. Sitz
C) Delaware v. Prouse
D) United States v. Villamonte-Marquez

Question 16

Which of the following is an unconstitutional checkpoint?

A) Border checkpoint
B) Sobriety checkpoint
C) License and safety checkpoint
D) Suspicionless checkpoints for detecting illegal drugs

Question 17

The Supreme Court has:

A) Sanctioned license and safety checkpoints.
B) Declared license and safety checkpoints unconstitutional.
C) Held that license and safety checkpoints could be constitutional.
D) Not provided an opinion on license and safety checkpoints.

Question 18

In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional?

A) Carroll v. United States
B) Michigan Dept. of State Police v. Sitz
C) Delaware v. Prouse
D) City of Indianapolis v. Edmond

Question 19

Which of the following can be considered constitutional checkpoints?

A) Border checkpoints
B) Sobriety checkpoints
C) License and safety checkpoints
D) Illegal immigrant checkpoints
E) All of the above

Question 20

The Supreme Court has sanctioned school disciplinary searches for grades:

A) K-6.
B) K-9.
C) K-12.
D) All grades and public college.

Question 21

In which case did the Supreme Court sanction drug dog sniffs in public schools?

A) Carroll v. United States
B) Michigan Dept. of State Police v. Sitz
C) Delaware v. Prouse
D) The U.S. Supreme Court has not provided an opinion on drug dog sniffs in public schools.

Question 22

In O'Connor v. Ortega the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting:

A) Evidence of criminal activity.
B) Evidence of work-related misfeasance.
C) Work-related documents.
D) Personal effects.

Question 23

Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court?

A) Employee testing
B) Student testing
C) Hospital patient testing
D) The Supreme Court has not provided an opinion on drug and alcohol testing.

Question 24

In which case did the Supreme Court hold that warrantless searches of probationers are permissible not only for probation-related purposes, but for investigative purposes as well?

A) Veronia School District 47J v. Acton
B) Griffin v. Wisconsin
C) Pennsylvania Board of Probation and Parole v. Scott
D) United States v. Knights

Question 25

Administrative searches are those whose primary purpose is noncriminal.

Question 26

Inventories can be of vehicles and/or of a person's personal items.

Question 27

The Supreme Court has upheld warrantless health and safety inspections of all types homes.

Question 28

Fire inspections must be contemporaneous, not several days or weeks after the fire.

Question 29

Fire inspectors who return to the site of a blaze after it has been extinguished in order to investigate arson must obtain an administrative search warrant.

Question 30

The Supreme Court has permitted government officials to open incoming international mail.

Question 31

The Supreme Court in City of Indianapolis v. Edmond ruled that checkpoints are acceptable for the purpose of detecting evidence of criminal activity.

Question 32

Public school administrators and teachers in grades K-12 may search students without a warrant if they possess probable cause that the search will yield incriminating evidence outside of normal disciplinary purposes.

Question 33

Random, suspicionless locker searches of public school students are permissible without notification.

Question 34

The Supreme Court intended to establish the special needs doctrine in New Jersey v. T.L.O.

Question 35

Reasonableness in the context of government employee searches is not the same as reasonable suspicion.

Question 36

The Supreme Court has sanctioned drug and alcohol testing of hospital patients.

Question 37

Members of a public school's chess team can be required to submit to drug testing.

Question 38

The Supreme Court has ruled that all high school students may be subjected to urinalysis drug testing under the ?special needs? doctrine, if a school district authorizes this by rules.

Question 39

A person has a Fourth Amendment expectation of privacy against government urinalysis drug testing and not all drug testing is permissible.

Question 40

People on probation enjoy a lesser expectation of privacy than ordinary citizens.

Question 41

The Supreme Court in the case of South Dakota v. Opperman approved the police use of routine ________ inventories so long as they were done pursuant to an established department policy.

Question 42

The balancing test used to justify ________ searches involves weighing citizen's privacy interests with the government's interest in protecting public safety.

Question 43

A(n) ________ search requires no consent at all.

Question 44

The Supreme Court in Michigan v. Tyler sanctioned the warrantless use of ________ inspections.

Question 45

Valid fire inspections must be ________ in relation to the timing of the fire.

Question 46

Checkpoints designed to reveal persons driving under the influence of alcohol or drugs are known as ________ checkpoints.

Question 47

A(n) ________ is a means of investigating a large number of people and should be distinguished from an inspection.

Question 48

The Supreme Court ruled in City of Indianapolis v. Edmond that checkpoints for the purpose of detecting evidence of criminal activity are ________.

Question 49

The Supreme Court has sanctioned school disciplinary searches for grades ________ through 12th.

Question 50

In United States v. Knights the Supreme Court held that warrantless searches of probationers are permissible not only for probation-related purposes, but for ________ purposes as well.

Question 51

Match the term with the correct definition.

-Inventory

A) The search of an arrestee and his or her personal items in his or her possession.
B) Weighing citizens' privacy interests against the interest to ensure public safety.
C) Search for the purpose of developing a record of what items have been taken into custody.
D) The search of a vehicle and all containers and items contained inside by department policy.

Question 52

Match the term with the correct definition.

-Vehicle inventory

A) The search of an arrestee and his or her personal items in his or her possession.
B) Weighing citizens' privacy interests against the interest to ensure public safety.
C) Search for the purpose of developing a record of what items have been taken into custody.
D) The search of a vehicle and all containers and items contained inside by department policy.

Question 53

Match the term with the correct definition.

-Person inventory

A) The search of an arrestee and his or her personal items in his or her possession.
B) Weighing citizens' privacy interests against the interest to ensure public safety.
C) Search for the purpose of developing a record of what items have been taken into custody.
D) The search of a vehicle and all containers and items contained inside by department policy.

Question 54

Match the term with the correct definition.

-Balancing test

A) The search of an arrestee and his or her personal items in his or her possession.
B) Weighing citizens' privacy interests against the interest to ensure public safety.
C) Search for the purpose of developing a record of what items have been taken into custody.
D) The search of a vehicle and all containers and items contained inside by department policy.

Question 55

Match the case with the correct ruling with regards to checkpoints.

-Border and immigration

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 56

Match the case with the correct ruling with regards to checkpoints.

-Sobriety

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 57

Match the case with the correct ruling with regards to checkpoints.

-License and safety

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 58

Match the case with the correct ruling with regards to checkpoints.

-Crime investigation

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 59

Match the case with the correct ruling with regards to checkpoints.

-Boats on water

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 60

Match the case with the correct ruling with regards to checkpoints.

-Airport searches

A) Illinois v. Lidster
B) States v. Martinez-Fuerte
C) United States v. Skipwith
D) United States v. Villamonte-Marquez
E) Michigan Dept. of State Police v. Sitz
F) Delaware v. Prouse

Question 61

Why is administrative justification important?

Question 62

Explain the concept of administrative justification and how it applies to vehicle and person inventories. Include relevant Supreme Court decisions in your answer.

Question 63

Explain when school administrators may search students without a warrant. Be sure to include landmark court cases in your response.

Question 64

What is a police-probation partnership and what are the goals of the relationship? Include a discussion of relevant court decisions in your answer.

Question 65

Write a case scenario in which a business inspection would be legal and describe circumstances in which that inspection would become illegal. Hint: Refer to the case time line on page 124.

Question 66

Offer three examples of checkpoints that are considered constitutionally permissible according to the Supreme Court. Do you agree with the decisions? Why or why not?

Question 67

The courts have determined that searches of government employees offices are allowed in certain situations? Examine the O'Connor v. Ortega case. Do you agree or disagree with the court's decision and why.