4th Amendment; Administrative Searches; Searches of Public School Students

Question 1

What is the rule with regards to searches by INSPECTORS?

Answer 1

GENERAL RULE –> Inspectors must have warrant for searches of private residences and commercial buildings, but the PC required for such a warrant is more lenient

• A showing of a GENERAL and NEUTRAL enforcement plan will justify issuance of warrant

Question 2

What are examples of ADMINISTRATIVE searches that have been upheld without a warrant? (6)

Answer 2

1. Admin searches:
   (i) to seize SPOILED or CONTAMINATED food
   (ii) of BUSINESS within highly regulated industry
2. searches of airline passengers prior to boarding flight
3. Inventory searches of arrestees and vehicles pursuant to established dept procedure
4. “Prisoners/parolees”-
   (i) Searches (including suspicionless strip searches) of prisoners entering general population, even for minor offenses
   (ii) searches of PAROLEES and their HOMES - even without reasonable grounds, as long as there is an authorizing statute
5. Drug tests
   (i) RR EE’s after accident
   (ii) public school students involved in extracurricular activities
6. Searches of GOV EE’s desks and file cabinets, where
   (i) SCOPE is reasonable;
   (ii) and there is a WORK RELATED NEED; or
   (iii) REASONABLE SUSPICION of work related misconduct

Question 3

What is the rule w regards to searching public school students?

Answer 3

• A WARRANT or PC I not required for public school officials to search public school students or their possessions
• Instead, they need only have “REASONABLE GROUNDS”

“REASONABLE GROUNDS” is satisfied –>

(i) it offers a MODERATE chance of finding evidence of wrongdoing;
(ii) the measures adopted are REASONABLY RELATED to the OBJECTIVES of the search; and
(iii) the search is NOT EXCESSIVELY INTRUSIVE in light of the age, sex of student, and nature of infraction