Fourth Amendment -- Special Needs Doctrine Flashcards
What is the special needs doctrines?
A search can be conducted without a warrant and less than PC.
What is the scope of the search under the special needs doctrine?
It must be reasonably related to the objectives of the search and not excessively intrusive in light of age, sex of student and nature of infraction.
Apply Balancing Test:
Reasonableness of search is determining balancing test:
1) Intrusion on individual;
2) Gov’t Interest; and
3) Effectiveness
Are checkpoints special needs?
Yes, drunk driving checkpoints are special needs.
Moreover, a stop t asking about a recent hit and run is a special need.
However, to stop cars looking for drug trafficking (i.e., a GENERAL CRIME CONTROL purpose is NOT A SPECIAL NEED).
Are school searches legit special needs?
You can drug test anyone doing extracurriculars or all athletes, and event search someone’s purse uspected of smoking.
Is drug testing gov’t employees a special need?
Drug and alcohol testing railways employees IS a special need.
Same with US Customer service employees who sought transfer / promotion to drug or weapon departments.
Can you have regulations for people serving probationary / trial periods of a job?
Yes, less than PC required.
Is a law that requires GA state officials a special ned?
No, relationship of drug use and being a state official was not as important as driving a train or working in drug office.
Can a hospital who discovers that a pregnant women tests positive for drugs report it to the police?
No, preventing women from having drug addicted babies is not a special need TOO coercive.
Does collection of an arrestee’s DNA via a cheek swap violate his individual 4 A right when that arrest i for a serious offense and is supported by PC?
No, so long as the crime is:
- a serious offense; and
- supported by probable cause.
