Deck 6: Administrative and Special Needs Searches

Question 1

Pertaining to searches of student belongings by university officials and/or police,which of the following statements is true?

A) Police cannot legally gain access to a student's living quarters for the purpose of searching, even if they have permission of university administration, unless they have a warrant issued.
B) The Fourth Amendment protects students at private universities and colleges from searches conducted by school officials.
C) The Fourth Amendment does not protect students at public universities and colleges from searches conducted by school officials.
D) Students at public and private universities have no expectation of privacy.

Answer 1

A

Question 2

To properly apply the "special needs" doctrine,which of the following circumstances MUST be present?

A) Probable cause must exist.
B) The search must not be undertaken with the goal of criminal prosecution.
C) A warrant must be issued authorizing the search.
D) There must be clear evidence of life and death circumstances.

Answer 2

B

Question 3

Searches and/or seizures conducted at fixed or functional border locations are governed by the principle that:

A) the officer have probable cause.
B) the officer have reasonable suspicion.
C) they be conducted by an officer employed by the FBI.
D) they be conducted in a reasonable manner.

Answer 3

D

Question 4

In the case of Safford Unified School District v.Redding (2009)the school officials who conducted the search of Savana Redding's undergarments were searching for:

A) pills
B) a weapon
C) marijuana
D) crib sheets used for cheating

Question 5

A search ordinarily must be based on individualized suspicion of wrongdoing.However,particularized exceptions to the main rule are sometimes warranted based on special needs,beyond the normal need for law enforcement.Which of the following terms best describe this exception?

A) administrative search
B) Ortega search
C) aural transfer
D) special needs doctrine

Question 6

Which of the following is a true statement about the opinion of the Court in Safford Unified School District v.Redding (2009)?

A) The Court ruled that the definition of a "strip search" includes who was looking and how much was seen.
B) The Court ruled that the school officials exceeded the scope of a reasonable search.
C) The Court ruled the strip search to be unconstitutional.
D) The Court ruled that, in this instance, there was no strip search.

Question 7

It can be said that there is ______________________ at any U.S.borders or their functional equivalents,such as airline terminals or cruise ship terminals.

A) no reasonable expectation of privacy
B) reasonable expectation of privacy
C) little use for the Constitution
D) greater expectations of privacy

Question 8

Probation officers need ____________ that a probationer is engaged in criminal activity before conducting a search of a probationer's home.

A) a warrant based on probable cause
B) reasonable suspicion
C) probable cause
D) a warrant based on reasonable suspicion

Question 9

Special needs exceptions are evaluated under the reasonableness standard of the Fourth Amendment.Which of the following is NOT one of the considerations when balancing these needs?

A) The weight and immediacy of the government interest
B) The nature of the privacy interest allegedly compromised by the search
C) The character of the intrusion imposed by the search
D) The government must provide proof that the search involves the threat of serious injury or death

Question 10

Law enforcement has the authority to hold established roadside sobriety checkpoints:

A) only in instances of particularized suspicion.
B) without a warrant or particularized suspicion.
C) only if a warrant has been issued.
D) without a warrant, only if there is particularized suspicion.

Question 11

Random manual searches of would-be passengers on an airline and his or her belongings for weapons or explosives is

A) unconstitutional.
B) a search that would require a warrant absent exigent circumstances.
C) biased and inflammatory towards citizens.
D) not a violation of the Fourth Amendment.

Question 12

Which of the following is true about the U.S.Supreme Court case concerning Customs Service regulations requiring employees seeking transfers or promotions to certain positions within the service to submit to urinalysis testing?

A) The Court upheld the policy of the Customs Service.
B) The Court upheld the policy of the Customs Service, but only under certain narrowly tailored circumstances.
C) The Court ruled that the regulations were unconstitutional.
D) The Court upheld the policy of the Customs Service, but only if the employee signed a consent form.

Question 13

Federal law and the law of ______ states now provide for collection of DNA samples from criminal offenders.

A) forty-four
B) forty-seven
C) forty-nine
D) fifty

Question 14

Police cannot legally gain access to a student's living quarters on a private university for the purpose of searching,even if they have permission of university administration,unless they have a warrant issued.Why is this statement true?

A) Because the search is conducted by police, the purpose is a criminal investigation.
B) Because the university is private, not public.
C) Because college and university students are afforded absolute protection from unwanted searches and seizures.
D) Because there is no distinction in Fourth Amendment law between private and public universities.

Question 15

The law of search and seizure in the college and university setting is best described as

A) consistent.
B) inconsistent.
C) consistent with those in the rest of society.
D) generally unlawful.

Question 16

Determining the reasonableness of any search involves an inquiry as to whether the search was conducted reasonably related to the scope surrounding the circumstances that justified the interference and

A) whether the action was justified at its inception.
B) if the warrant was valid on its face.
C) if the person was cooperative during the interference.
D) if a physical arrest was made in the process.

Question 17

Which of the following is NOT one of the points of reasoning expressed by courts that justifies allowing random drug testing of students who participate in extra-curricular activities?

A) Clubs, activities, and athletic participation require occasional off-campus travel and communal undress.
B) Students have no expectation of privacy at school.
C) Participation subjects the participants to a degree of regulation not imposed on students generally.
D) Club, activity, and athletic sponsors have their own rules and requirements for participating students.

Question 18

A(n)_________________ is a routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations.

A) search warrant
B) administrative search
C) Barlow search
D) probable cause search

Question 19

Related to searches involving government employees,which of the following is NOT one of the factors courts consider when applying the balancing test of governmental and individual interests?

A) whether the work area in question was given to the employee for exclusive use
B) whether the individual employee had a subjective perception of expectation of privacy
C) whether office regulations placed the employee on notice that certain areas were subject to employer intrusion
D) the nature of the employment

Question 20

Which of the following is a true statement about the privacy and property rights of students while on school grounds?

A) Students have no Fourth Amendment protection.
B) Students have no expectation of privacy while on school property.
C) Students have the full protection of the Fourth Amendment on school grounds.
D) Searches and seizures must be based on reasonable grounds.

Question 21

The Fourth Amendment clearly applies to searches and seizures conducted on the campuses of public colleges and universities.

Question 22

Once an administrative search focuses on gathering evidence for a criminal prosecution,a criminal search warrant must be obtained or the search must satisfy an exception to the warrant requirement.

Question 23

Prior to the U.S.Supreme Court cases of Camara v.Municipal Court and See v.City of Seattle decided in 1967,administrative searches:

A) were not considered to be searches.
B) were not subject to review by appellate courts.
C) were subject to the warrant requirement.
D) were not subject to the warrant requirement.

Question 24

Michigan Department of State Police v.Sitz ruled unconstitutional a Michigan program that established roadside sobriety checkpoints without a warrant or particularized suspicion.

Question 25

In response to the terrorist attacks on September 11,2001,cities across the United States took steps to increase security to protect buses,trains,ferries,and other forms of public transportation from terrorist attack.To date,the courts:

A) have been antagonistic toward these measures.
B) have been supportive of these measures.
C) have refused to review appeals from these cases.
D) have not been asked to address this issue.

Question 26

Police and fire officials are investigating a fire.Assume that a reasonable expectation of privacy remains in the premise and that no exception to the warrant requirement applies.Officials want to search the premises after the fire has been fully extinguished.The only purpose of the search is to determine the cause and origin of a recent fire.Which of the following is true?

A) Officials need an administrative search warrant.
B) Officials need a criminal search warrant.
C) Officials need neither an administrative nor a criminal search warrant.
D) Officials need both an administrative and a criminal search warrant.

Question 27

To date,on each instance that an appellate court has considered the constitutionality of DNA testing statutes,the court has ruled:

A) the statutes to be an unconstitutional violation of the 4th Amendment.
B) the statutes to be an unconstitutional violation of the 5th Amendment.
C) the statutes to be an unconstitutional violation of the 6th Amendment.
D) the statutes to be constitutional.

Question 28

All states permit probation officers to conduct warrantless,suspicionless searches of persons on probation.

Question 29

The "special needs" doctrine is an exception to the warrant requirement of the Fourth Amendment,but not the probable cause requirement.

Question 30

If evidence of criminal activity is discovered during the course of a valid administrative search and the evidence is readily viewable by the inspector:

A) the evidence cannot be seized even if a warrant is obtained.
B) the evidence cannot be seized without first obtaining a warrant.
C) the evidence may be immediately seized because probable cause is not necessary in an administrative search.
D) the evidence may be immediately seized under the plain view doctrine.

Question 31

An administrative search is an inspection of a home or business with the specific purpose of determining compliance with various statutes and regulations.

Question 32

In the Vernonia School District 47J v.Acton (1995)case,the U.S.Supreme Court ruled a drug testing program for student athletes to be constitutionally permissible.The key to this decision was the notion that:

A) student athletes' expectation of privacy is diminished even further than non extra-curricular students in the general student body.
B) student athletes have no expectation of privacy.
C) the program was narrowly tailored to target students suspected of drug activity.
D) the program was endorsed by the American Civil Liberties Union.

Question 33

Because the search guidelines for college students are so vague and inconsistent,few generalizations can be made.

Question 34

The U.S.Supreme Court decisions in both United States v.Montoya de Hernandez (1985)and United States v.Flores-Montano (2004)concerned border searches.The earlier case involved a search of a person,whereas the more recent case related to a vehicular search.Which of the following most accurately reflects the decisions in these two cases?

A) Reasonable suspicion is required for both person and vehicle searches at a border checkpoint.
B) No level of suspicion is required for either a vehicle or a person search occurring at a border checkpoint.
C) Reasonable suspicion is required for a search of a person at a border checkpoint, whereas no level of suspicion is required for a vehicle search.
D) Reasonable suspicion is required for a search of a vehicle at a border checkpoint, whereas no level of suspicion is required for a person search.

Question 35

When school administrators search for contraband in the schools,it is important to remember that the Fourth Amendment applies,but the warrant requirement does not.

Question 36

The only substantive restraint on the searches of objects that occur at a fixed or functional border of the United States is:

A) that they be limited in scope to areas immediately accessible to the owner.
B) that they be based on probable cause.
C) that they be based on reasonable suspicion.
D) that they be conducted in a reasonable manner.

Question 37

The U.S.Supreme Court has further clarified that warrantless searches of closely regulated enterprises are reasonable if they satisfy three criteria.Which of the following is NOT among the three criteria?

A) There is a "substantial" government interest in supporting a regulatory scheme.
B) Warrantless inspections are necessary to advance the regulatory scheme.
C) The industry is among the top five producers of gross domestic product.
D) The authorizing statute must provide an alternative to a warrant that defines the scope of the search.

Question 38

With respect to drug testing of government employees,in order for the "special needs" doctrine to apply,the employee must be engaged in high-risk work,safety-sensitive tasks,or immediately aid in drug interdiction efforts.

Question 39

Even at the borders of the United States,there is a reasonable expectation of privacy that has to be observed by the government.

Question 40

For a search of a probationer's home by a probation officer to be considered an administrative search and not a criminal search:

A) The probation officer must have probable cause to believe that a crime was committed.
B) The probation officer must be pursuing probation-related objectives and not acting on behalf of the police.
C) The probation officer must have an exact idea of what he or she is looking for and what crime has been committed.
D) The search must have been prompted by information personally observed by the probation officer.

Question 41

Fire investigations often require both _________ searches and __________ searches because they serve several different purposes and present varying degrees of emergency.

Question 42

In the case of ____________________,the court upheld Customs Service regulations requiring employees seeking transfers or promotions to certain sensitive positions within the agency to submit to urinalysis testing.The court reasoned that the government's special need to deter drug use outweighed the diminished privacy interests of the employees.

Question 43

"Special needs" exceptions are evaluated under the ______________ standard of the Fourth Amendment.

Question 44

What is a permissible justification for a roadside checkpoint? Give an example of an impermissible justification.Also,give an example of a permissible justification.

Question 45

Federal law and the law of all fifty states provide for the collection of _________ from criminal offenders.

Question 46

Describe how the events of September 11,2001 impacted government use of the "special needs" doctrine to justify intrusions of individual privacy.

Question 47

Explain the Court's decision in the Safford Unified School Dist.v.Redding (2009)case.What were the Court's reasons for declaring the search unreasonable?

Question 48

Physical searches of students and their possessions may be conducted by school officials without a warrant based merely on __________________.

Question 49

Define what is meant by a special needs search and give two examples.

Question 50

Warrantless searches are allowed for certain licensed and ______________ industries.

Question 51

Assume that a regulatory inspector is conducting a justified,routine inspection of a tightly regulated business.The inspector,while standing in a spot that he has a legal right to be in and without moving anything,sees evidence of criminal activity.What are the options of the inspector?

Question 52

Once an administrative search focuses on gathering evidence for _____________,a search warrant must be obtained or the search must satisfy an exception to the warrant requirement.

Question 53

The line between an administrative and a criminal search sometimes blurs.In distinguishing between them,it is important to look at the ______________ and _________________.

Question 54

Explain the circumstances under which a government entity can require employees to submit to drug testing.

Question 55

In City of Indianapolis v.Edmond (2000),the Supreme Court invalidated a program in which a warrantless highway checkpoint had been established to ________________________.

Question 56

To protect public safety,governmental entities have sometimes required their employees to submit to drug testing.The Supreme Court has allowed these practices under circumstances that satisfy the requirements of the ____________.

Question 57

Explain how the rights of a college student differ,with respect to the Fourth Amendment,depending upon whether the student is enrolled at a public or private university.

Question 58

Explain the Court's decision in the Ferguson v.Charleston (2001)case.What was the essential problem with the hospital's policy?

Question 59

In the context of the Fourth Amendment,explain the differences between non extra-curricular students and those students who participate in extra-curricular activities.

Question 60

Explain the differences between a criminal search and an administrative search.