Other 4th Amendment Searches

Question 1

Adminstrative Searches

Answer 1

Govt’ agencies may conduct routine searches or inspections of highly-regulated businesses or industries

• e.g. building code inspection, inspectors for food safety, airline passenger searches

A warrant is required for inspections of private residences or commerical 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 the search is necessary (less burdensome than probable cause); school seach is reasonable is:

1. Search offers moderate change of finding evidence of wrongdoing;
2. Procedure for searching is reasonably related to objectives of the search; and
3. Search is not excessively intrusive

Drugs tests – random urinalysis permitted 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 caue, or reasonable suspicion.

• Border = any place where one can arrive in the US from a foregin country
  
  • e.g. there is a border at Denver International Airport.

Question 4

Border Searches

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 & Eavesdropping

Answer 7

Electronic surveillance that violates a reasonable expectation of privacy constitutes a search under the 4A and requires a warrant.

Question 8

Warrant Requirements for electronic surevillance

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 particularlity the subejct 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 to the court.

Question 9

electronic surevillance

notes

Answer 9

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 a suspect
• A speaker who makes no attempt to keep a conversation private has no reasonable expectation or privacy
• Police do not need a warrant to tap the suspect’s phone.