Deck 11: Special Needs and Administrative Searches

Question 1

Drug testing of law enforcement and correctional personnel and certain categories of public school students may be done without a warrant if done

A)randomly or based on individualized reasonable suspicion.
B)with an area warrant or a writ of habeas corpus.
C)pursuant to a capias or attachment.
D)after at least one person in the category has been arrested for a drug offense.

Answer 1

A

Question 2

In general, government employee supervisors may search government owned desks, file cabinets, and computers for work-related matters

A)only with warrants.
B)only with probable cause.
C)only with reasonable suspicion.
D)at any time without any minimum amount of suspicion.

Answer 2

D

Question 3

Security screenings and seizures of items cannot occur without warrants or probable cause at

A)airports.
B)courthouses.
C)public buildings.
D)private functions.

Answer 3

D

Question 4

Elected school boards may, if they deem necessary, require _____drug tests of not only student athletes but also students participating in any extracurricular activities.

A)scheduled
B)random
C)parental approved
D)parental notified

Question 5

Inmates in prisons and jails may be searched for weapons or contraband

A)only with a warrant.
B)only upon probable cause.
C)only upon reasonable suspicion.
D)randomly or at any time without any particularized individual suspicion.

Question 6

Courts have upheld statutes requiring mandatory DNA samples from persons arrested or indicted for ______crimes.

A)misdemeanor
B)felony
C)heinous
D)administrative

Question 7

Evidence obtained as a result of the administrative _________is admissible if performed within the guidelines established by law.

A)function
B)mandates
C)routine
D)omission

Question 8

Sham roadblocks have been held to be

A)a violation of the Fourth Amendment.
B)a violation of the Fifth Amendment.
C)a violation of the Sixth Amendment.
D)constitutional.

Question 9

_______businesses may conduct drug testing of employees without fear of Fourth Amendment rights

A)Private
B)Public
C)Security
D)Incorporated

Question 10

In cases involving automatic, mandatory drug testing for candidates for public office, and where criminal prosecution was possible, the U.S.Supreme Court held that the laws were

A)unconstitutional under the Fourth Amendment.
B)constitutional only if there was reasonable suspicion.
C)unconstitutional under the Sixth Amendment.
D)unconstitutional as they violated the privilege against self-incrimination.

Question 11

The U.S.Supreme Court set a much ______standard for obtaining a fire, health, or housing inspection search warrant

A)higher
B)identical
C)lower
D)objective

Question 12

The U.S.Supreme Court has specifically held that public school boards may require random drug testing of

A)all students.
B)student athletes and those involved in extracurricular activities.
C)students who are arrested for drug offenses.
D)students who are members of gangs.

Question 13

The case establishing limits to identification checkpoints in public housing projects was

A)Illinois v.Lidster.
B)O'Connor v.Ortega.
C)Indianapolis v.Edmonds
D)Michigan State Police v.Stiz.

Question 14

Even though a warrantless or suspicionless search may be conducted based on an administrative or public safety rationale, if evidence of crime is validly obtained during such a search,

A)the evidence must be suppressed in a criminal case.
B)the evidence may be used in a criminal case.
C)the evidence may be used only if possession of the item seized constitutes a felony.
D)the evidence may not be used in a criminal case unless the defendant consents.

Question 15

For Fourth Amendment analysis, searches and seizures that are not conducted for the purpose of criminal investigation are termed ____________ searches.

A)special needs
B)administrative discretion
C)public function
D)public service

Question 16

To validly search vehicles at border crossings, federal agents

A)must have probable cause.
B)must have reasonable suspicion.
C)must have a search warrant.
D)are not required to have any warrants or individualized suspicion.

Question 17

The U.S.Supreme Court lowered the standards for search warrants to facilitate government searches to enforce

A)fire, health, and housing codes.
B)laws against illegal immigration.
C)drug smuggling.
D)gun laws.

Question 18

If a person attempts to enter the U.S.from Mexico, in order for customs officers to legally remove the gas tank and search for drugs, this conduct would:

A)require a warrant.
B)require probable cause.
C)require reasonable suspicion.
D)does not require a warrant or any individualized suspicion.

Question 19

Which of the following is not a "closely regulated industry" for Fourth Amendment purposes?

A)liquor
B)coal mines
C)pharmacies
D)shoe repair shops

Question 20

The U.S.Supreme Court has specifically held that checkpoints for which of the following purposes does not violate the Fourth Amendment?

A)Driving while intoxicated enforcement
B)drug law enforcement
C)general crime control purposes
D)catching burglars in high crime areas

Question 21

People have less Fourth Amendment protection at the international border than in the interior of the U.S.

Question 22

Some courts hold that security screenings at airports, courthouses, and other public facilities can be justified on the theory that the persons involved consent to the search and seizure by attempting to use the facility.

Question 23

Drug testing of police officers can generally be conducted on reasonable suspicion.

Question 24

Thus far, in every drug testing case that has reached the U.S.Supreme Court, the government has prevailed.

Question 25

The U.S.Supreme Court has held that public schools may conduct random drug testing of student athletes and students involved in extracurricular activities.

Question 26

In a government workplace, government workers have reduced Fourth Amendment protection as compared to their protection at home.

Question 27

If a property owner refuses to allow a housing inspector access to property for inspection then a search warrant must then be obtained.

Question 28

While incarcerated, prison and jail inmates have reduced Fourth Amendment protection as compared to when they are outside the institution.

Question 29

The Ortega rule allows work-related searches in government offices.

Question 30

In general, searches of property of public school students by school officials on school property can be conducted on reasonable suspicion.

Question 31

The U.S.Supreme Court has specifically upheld the use of vehicle checkpoints to enforce immigration laws.

Question 32

As compared to most businesses, businesses deemed "closely regulated businesses" have less Fourth Amendment protection.

Question 33

Administrative searches and functions have been defined as those that are related to special need of government and the community.

Question 34

Probationers and parolees have less Fourth Amendment protection than ordinary citizens.

Question 35

The U.S.Supreme Court held that the probable cause standard is related to criminal investigations.

Question 36

The U.S.Supreme Court has specifically approved the use of vehicle checkpoints for drug interdiction.

Question 37

Under the Fourth Amendment, relaxed search warrant requirements are permitted to enforce health, fire, and housing codes.

Question 38

The special needs exceptions to the warrant requirement expand the power of government to search and seize.

Question 39

Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among those deemed to be "closely regulated businesses."

Question 40

Requiring convicted persons in correctional counseling programs to admit to any other crimes is a violation of the Fifth Amendment.

Question 41

Obtaining evidence from foreign countries is done through the use of ___________________________________ or MLATs.

Question 42

____________ roadblocks, which encourage people to throw drugs out of their vehicles, have been upheld by the courts.

Question 43

The courts have approved both ___________ and reasonable suspicion drug testing of peace officers.

Question 44

In U.S.v.____________, the Supreme Court upheld a suspicionless removal and search of a gas tank of a vehicle seeking to cross the international border.

Question 45

Public schools may randomly drug test students involved in ______________ activities.

Question 46

Public schools may randomly drug test student _____________.

Question 47

Describe and discuss three examples of special needs searches.Be sure to provide examples.

Question 48

Persons have fewer Fourth Amendment protections at the ___________ as compared to the interior of the country.

Question 49

Closely _____________ businesses have less Fourth Amendment protection than other businesses.

Question 50

Fourth Amendment protections are weaker when the government is protecting its
_____________ needs than when it is investigating crime.

Question 51

Discuss the obstacles to obtaining evidence in foreign countries.How can the U.S.gather information and evidence in another country? Include the MLATS as part of this discussion.

Question 52

In Illinois v._____________ (2004), the Court upheld a roadblock to gather information about a hit-and-run accident in that area.225)

Question 53

Searches of public school students by school officials on school grounds usually only require _____________ suspicion.

Question 54

What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a warrant or probable cause? Do you agree with the decisions of those courts? Explain your position.

Question 55

In O'Connor v._____________, the Supreme Court allowed suspicionless searches in government workplaces.

Question 56

What types of checkpoints have been approved by the U.S.Supreme Court? What types of checkpoints have been disapproved by the Court? How does the Court distinguish checkpoints that are constitutional from those that are not?

Question 57

The U.S.Supreme Court upheld the search by a probation officer of a parolee under a Wisconsin statute that authorized searches on the basis of ________suspicion.

Question 58

Discuss the cases in this chapter relevant to border searches.Why are border agents free from the requirement of probable cause or particular suspicion? Do you believe there is any "underlying" reason (besides drug interdiction) for these searches? If your answer is yes, what do you think it might be? If no, why not?

Question 59

A person on probation has a "_________________" interest that justified the officer to stop and search.

Question 60

The U.S.Supreme Court has created relaxed requirements for ____________ warrants dealing with fire, health, and safety regulations.

Question 61

Discuss airport screenings from both the perspective of evidence being admissible and/or non-admissible in court.

Question 62

Discuss the three requirements for authorizing inspections without search warrants of closely regulated businesses.

Question 63

To what extent do parolees and prisoners have expectations of privacy protected by the Fourth Amendment?