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 inspection, 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

Answer 2

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

• Less burdensome standard than probably cause
• 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
• Drug tests: random urinalysis is permissible for public school students participating in extracurricular activities

Question 3

Border searches

Answer 3

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 U.S. from a foreign country
-E.g. there is a “border” at Denver International Airport

Question 4

Detentions

Answer 4

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

Question 5

International mail

Answer 5

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

Question 6

Immigration

Answer 6

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

Question 7

Electronic surveillance: Wiretapping and Eavesdropping

Answer 7

Electronic surveillance (e.g. wiretapping, eavesdropping) that violates a reasonable expectation of privacy constitues a search under the 4th Amendment 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 8

Warrant requirements for electronic surveillance

Answer 8

1) Probable cause that a specific crime is being or has been committed
2) Warrant must name suspects subject to surveillance
3) Warrant must describe with particularity the subject of conversations that can be surveilled
4) Surveillance must terminate when desired information is obtained and must be turned over to the court