Deck 7: Agency Investigations and Information Collection

Question 1

Conducting a blood,urine,or breath test is considered a search under whichamendment to the U.S.Constitution?

A) First
B) Second
C) Fourth
D) Fifth

Answer 1

C

Question 2

In Chandler v.Miller,the Georgia legislature enacted a statute requiring candidates forpublic office to submit to drug tests.The court determined:

A) the public's interest in having drug-free political representatives outweighs the
B) the interest in having drug-free political officials did not constitute a special need, so
C) although the state's interest did not constitute a special need, the symbolic need was
D) although political officials do not operate nuclear power plants, handle or sell firearms,

Answer 2

B

Question 3

In general,an agency may require the disclosure of information,or that records bekept,if the following criteria are met except:

A) the agency has jurisdiction over the subject matter and individual concerned
B) the requirement is reasonable and not overly burdensome
C) the organization or individual possesses trade secrets or patent information
D) the information is not privileged

Answer 3

C

Question 4

The Fifth Amendment privilege against self-incrimination applies to:

A) criminal proceedings
B) civil proceedings
C) administrative proceedings
D) all of the above

Question 5

Statutes that provide for _____________ only are unconstitutional.

A) transactional immunity
B) derivative use immunity
C) use immunity
D) sovereign immunity

Question 6

Exceptions for agency-related area searches,based on warrants issued without ashowing of probable cause:

A) apply only to individuals
B) apply only to businesses
C) apply to both individuals and businesses
D) are unconstitutional; warrants must always be supported by probable cause

Question 7

Administrative search warrants are also called:

A) assessment warrants
B) review warrants
C) evaluation warrants
D) inspection warrants

Question 8

In administrative law,a subpoena is also called a(n):

A) writ
B) order
C) summons
D) directive

Question 9

Regarding the issuance of subpoenas in federal court:

A) the requesting party need not show materiality or relevance
B) the requesting party must show reasonable cause
C) the requesting party must show probable cause
D) the requesting party must show a compelling governmental interest

Question 10

If an agency has a subpoena issued and the business refuses to comply:

A) the agency may unilaterally impose civil fines
B) the agency may unilaterally impose criminal penalties
C) the agency may unilaterally have the business closed until compliance is made
D) all of the above
E) the agency has no actual enforcement power and must seek judicial enforcement assistance

Question 11

For a warrantless inspection to be valid,each of the following elements must beshown except:

A) the government must have a substantial interest in the inspection
B) the government must show probable cause of illegal or improper activity, thereby
C) the warrantless inspection must further the government's substantial interest
D) the statutory scheme that substitutes for the warrantless procedure must be reasonable

Question 12

Jon is an inspector for OSHA.He is in a car dealership that consists of a showroom,open cubicle-style offices,and a service area.The service area does not allow customersto enter but does feature a glass wall that allows customers to observe their cars beingserviced.Jon observes spilled oil without clean-up provisions,a lack of adequate aircleaners and exhaust fans,and other safety violations.

A) Jon must provide notice of his visit before he may legally visit.
B) Jon may observe and report administrative violations occurring in the service area
C) Because customers are prohibited from entering the service area, the dealership has
D) Jon must limit his inspections to the offices and showroom because they are the only

Question 13

The APA specifies that no hearing is necessary when adjudicative decisions are basedsolely on any of the following except:

A) tests
B) elections
C) inspections
D) records

Question 14

_____________ shields a witness from prosecution of all offenses related to his orher testimony even if the government possesses independent evidence of the witness'sguilt.

A) Transactional immunity
B) Derivative use immunity
C) Use immunity
D) Sovereign immunity

Question 15

The Fifth Amendment privilege against self-incrimination applies to:

A) corporations only
B) any business entity
C) natural persons
D) any business entity and natural persons

Question 16

Warrants are court orders dealing with:

A) searches
B) arrests
C) seizures
D) any of the above

Question 17

Which of the following is the best definition of subpoena?

A) an order to either cease or to continue an action
B) an order permitting a warrantless search of a premises
C) an order accompanying a warrant, permitting a search of a premises
D) an order requiring a witness to produce certain documents and/or to appear to testify

Question 18

In Skinner v.Railway Labor Executive Ass'n,the court determined that:

A) drug and alcohol testing was not subject to Fourth Amendment requirements because
B) any time that a test is invasive of a person's privacy, the Fourth Amendment
C) if testing is being conducted by a private party, the government is said not to be
D) the Fourth Amendment imposes probable cause requirements on searches whether they

Question 19

_____________ shields a witness from prosecution of all offenses related to his orher testimony but does not protect the witness if the government possesses independentevidence of the witness's guilt.

A) Transactional immunity
B) Derivative use immunity
C) Use immunity
D) Sovereign immunity

Question 20

Courts generally recognize that administrative inspections differ from searches incriminal cases for each of the following reasons except:

A) agencies, being executive in nature, are afforded privileges that allow them to
B) administrative searches usually do not have the purpose of securing evidence of
C) agencies in today's complex society must be given broad authority to enforce their
D) there is a lower expectation of privacy in business premises

Question 21

The Paperwork Reduction Act has generally been regarded as a failure,having donelittle to actually reduce the paperwork burden or reduce hours committed to satisfyinginformation demands.

Question 22

The reduction of fraud and waste are not stated goals of the Paperwork ReductionAct.

Question 23

Because the Fourth Amendment rights against unreasonable search and seizure arefundamental constitutional rights,warrants are always required in every search and anindividual may not consent to a warrantless search.

Question 24

The APA confers upon agencies the right to issue subpoenas.

Question 25

A restaurant is an example of a closely regulated business.

Question 26

The APA specifies particular requirements regarding recordkeeping and reporting forthe purpose of establishing uniformity and consistency,easing the agency review process.

Question 27

Faye has sold illegal drugs.On her personal home computer,she has kept records ofthe sales along with a detailed accounting of her profits.When she doesn't complete herincome taxes on time,her home is raided and the computer is seized pursuant to a validsearch warrant.The information on her computer is privileged under the FifthAmendment and may not be used against her.

Question 28

The Office of Management and Budget looks at 10 separate elements before it mayestablish a new reporting requirement.

Question 29

Generally,parallel administrative and criminal proceedings are constitutionallysound.

Question 30

The APA does not specifically authorize inspections by agencies.

Question 31

Faye has sold illegal drugs.The IRS requires that all income be reported whetherobtained legally or illegally.Assume that Faye reports her illegally gained income on hertax return.The Department of Justice may use that return as evidence and prosecute Fayefor selling illegal drugs.

Question 32

Closely regulated businesses may be inspected without first obtaining a searchwarrant.

Question 33

The current legal environment considers most administrative inspections as searchessubject to Fourth Amendment requirements.

Question 34

Requiring that records be held by an individual or business subject to review by theagency is called reporting.

Question 35

As a general rule,businesses cannot be required to divulge trade secrets to agenciesthrough regular reporting.

Question 36

Agencies can acquire information by requiring individuals and businesses to produceand maintain records.

Question 37

Suspicionless drug testing of student athletes is considered by the courts to beconsistent with the Fourth Amendment.

Question 38

Federal courts have unanimously agreed that privacy interests of employees in closelyregulated businesses and those in businesses not closely regulated must be treatedsimilarly and it is unconstitutional to impose different privacy standards.

Question 39

Common law and statutory privileges such as attorney-client,husband-wife,anddoctor-client are not applicable or effectual regarding administrative agency search andreporting powers.

Question 40

Agency requests regarding recordkeeping and reporting are not subject to federal orstate privileges against self-incrimination.

Question 41

Matching:
Match the key term in Column 1 with its description in Column 2.

Question 42

Discuss whether mandatory AIDS testing of prison inmates without having probable cause or a warrant violates the Fourth Amendment.

Question 43

The Fourth Amendment requires that a ____ authorizing a search be obtained before the search is conducted.

Question 44

____ is when a record producer is required to provide records to the agency.

Question 45

The Fifth Amendment privilege against ____ applies to natural persons,but business entities,such as corporations,may not claim the privilege.

Question 46

The standard for obtaining a search warrant is same for both administrative casesand criminal cases.

Question 47

_____ is when agencies require that records be held subject to review by the agency.

Question 48

Explain why the Fourth Amendment is applied differently in administrative context than in the criminal justice context.

Question 49

Matching:
Match the type of immunity in Column 1 with the description in Column 2.

Question 50

Closely regulated businesses may be inspected without a warrant being obtainedfirst because owners and operators of closely regulated businesses have a reducedexpectation of _____.

Question 51

What are the APA's requirements regarding recordkeeping and reporting?

Question 52

An industry that is subject to significant licensing,reporting,disclosurerequirements,inspections,required operating procedures,and other regulations is a ____regulated business.

Question 53

In the U.S.Supreme Court case _____,the court held that blood and urine testing isinvasive of a person's privacy but that the regulation was valid because the governmentalinterest in protecting the employees and the public from a disaster outweighed theprivacy interests of the employees.

Question 54

To what extent should business entities,such as corporations,be entitled to assert the Fourth Amendment prohibition against unreasonable searches and the Fifth Amendment privilege against self-incrimination? Explain your position.

Question 55

Do you agree with how recordkeeping and reporting is addressed by the APA? Explain.

Question 56

Generally,blood,drug,or urine testing to uncover criminal activity requires _____.

Question 57

A directive to a person or organization to appear to testify with specifieddocuments is called a subpoena _____.

Question 58

In the U.S.Supreme Court case _____,the court held that suspicionless drug testing ofstudent athletes was consistent with the Fourth Amendment.