Other 4th Amendment Searches

Question 1

Administrative Searches

Answer 1

Govt. agencies may conduct routine searches or inspections of highly-regulated businesses or industries (e.g. building code inspections, inspections for food safety, airline passenger searches)

• A warrant is required for inspections of private residences or commercial buildings
• Requires less particularity than standard warrants
• A general and neutral enforcement plan for the searches will suffice to validate the warrant

Question 2

Public School Searches - General

Answer 2

To conduct a search, school officials must have reasonable grounds to believe the search is necessary

• Less burdensome standard than probable cause

Question 3

Public School Searches - 3 Requirements of Reasonableness

Answer 3

School Search is Reasonable if:

1) Search offers a moderate chance of finding evidence of wrongdoing;

2) Procedure for searching is reasonably related to the objectives of the search; and

3) Search is not excessively intrusive

Question 4

Public School Searches - Drugs Tests

Answer 4

Random urinalysis is permissible for public school students participating in extracurricular activities

Question 5

Border Searches

Answer 5

At borders, officials may conduct routine searches of persons and their effects (including vehicles) without a warrant, probable cause, or reasonable suspicion

• Border = any place where one can arrive in the US for a foreign country (airport where an international flight lands)

Question 6

Border & Immigration Searches - Detentions

Answer 6

Reasonable Suspicion Required

Officials may detain a traveler at the border if they have reasonable suspicion she is smuggling contraband

Question 7

Border & Immigration Searches - International Mail

Answer 7

Officials can open and inspect international mail if they have reasonable suspicion it contains contraband

Question 8

Border & Immigration Searches - Immigration

Answer 8

Officials may raid a business to determine citizenship status of its employees

Question 9

Electronic Surveillance: Wiretapping & Eavesdropping - General

Answer 9

Electronic surveillance (e.g. wiretapping, eavesdropping) that violates a reasonable expectation of privacy constitutes a search under the 4th Amend, and requires a warrant

Note: All speakers assume the risk that the person to whom they are speaking is wired and/or recording the conversation

• Therefore police do not need a warrant if they get someone to wear a wire and talk to the suspect
• A speaker who makes no attempt to keep a conversation private has no reasonable expectation of privacy

Question 10

Electronic Surveillance: Wiretapping & Eavesdropping - Warrant Requirements for Electronic Surveillance (5)

Answer 10

1) Probable cause that a specific crime is being or has been committed

2) Warrant must name suspects to subject to surveillance

3) Warrant must describe with particularity the subject of conversations that can be surveilled

4) Surveillance must be limited to short periods of time

5) Surveillance must terminate when desired information is obtained and must be turned over the court