School Law 101-Drug and Weapon Searches Module 3 Topic D

Question 1

According to Hoffman-Crow, which of the following is NOT a legally defensable basis for launching a search?

A. personal observation.
B. anonymous tips.
C. student tips
D. all of the above.
E. none of the above.

Answer 1

D. all of the above.

A. personal observation.
B. anonymous tips.
C. student tips

Question 2

With reference to law enforcement involvement in searches, the presenter emphasizes that this -

A. eases search standards.
B. makes search standards more stringent.
C. has no impact on search standards.
D. makes search standards more stringent if requested by school authorities.
E. makes search standards more stringent if initiated by the police.

Answer 2

E. makes search standards more stringent if initiated by the police.

Question 3

Hoffman-Crow observes that metal detector use is almost always upheld by the courts when it is accompanied by -

A. a warrant.
B. police officers
C. close supervision by the chief school administrator
D. “in loco parentus” justification.
E. a well-written and widely communicated school policy.

Answer 3

E. a well-written and widely communicated school policy.

Question 4

Using the standards articulated in New Jersey v. T.L.O., (1984), which of the following statements is FALSE?

A. schools must show reasonable cause for search.
B. a lesser standard is appropriate in a school setting.
C. reasonable cause is need not be related to leading standards.
D. an articulated standard is a reasonable cause.
E. search must be reasonable in cause, but not in scope.

Answer 4

E. search must be reasonable in cause, but not in scope.

Question 5

With respect to group searches, the presenter noted -

A. they cannot be conducted without individual suspicion.
B. the importance of governmental interest is irrelevant.
C. individual school officials have little or no discretion.
D. all of the above.
E. none of the above.

Answer 5

E. none of the above.

Question 6

The presenter stresses that -

A. contraband cannot be used in both district disciplinary and criminal proceedings.
B. if disciplinary proceedings are held separate from criminal proceedings it constitutes double jeopardy.
C. violations of student’s Constitutional rights can result in personal liability.
D. flaws in acquiring evidence does not effect its admissibility.
E. none of the above.

Answer 6

C. violations of student’s Constitutional rights can result in personal liability.

Question 7

According to the presenter, which of the following would NOT be considered a student search?

A. looking in a student’s locker.
B. looking in a student’s car.
C. looking at a student’s handwriting.
D. looking in a student’s back pack.
E. none of the above.

Answer 7

C. looking at a student’s handwriting.

Question 8

A litmus test on school searches was developed in -

A. New Jersey v. T.L.O.
B. Tinker v. Des Moines.
C. Roe v. Wade.
D. Rodriquez v. San Antonio.
E. Doe v. Santa Fe.

Answer 8

A. New Jersey v. T.L.O.

Question 9

According to the presenter, which of the following does NOT constitute a search?

A. breathalyzer tests
B. drug screening
C. allowing dogs to sniff inanimate objects like lockers or cars.
D. patting down clothing.
E. examining book bags.

Answer 9

C. allowing dogs to sniff inanimate objects like lockers or cars.

Question 10

Which of the following is NOT a factor Hoffman-Crow recommends considering before conducted a group search?

A. the requirement of individual suspicion.
B. the importance of governmental interest.
C. the degree of intrusion.
D. the efficiency of the procedure.
E. the amount of discretion vested with school officials.

Answer 10

A. the requirement of individual suspicion.

Question 11

The presenter notes that the use of sniffer dogs is legally problematic because -

A. they tend to misidentify individuals.
B. they cause law suits if the dog can be portrayed as “threatening” a student.
C. they sometimes mistake licit for illicit drugs.
D. their use on individuals constitutes a search.
E. Hoffman-Crow offers no such cautions.

Answer 11

D. their use on individuals constitutes a search.

Question 12

Regarding reasonable searches in school, the presenter maintains that -

A. the search need not be confined to a specific suspicion.
B. reasonable cause pertains if the district requests police search.
C. probable cause pertains if the district requests police search.
D. once launched, the search’s degree of intrusion is governed by the “at will” doctrine.
E. in law, strip searches are no more intrusive than any other type of search.

Answer 12

B. reasonable cause pertains if the district requests police search.

Question 13

The presenter asserts that in school searches it is always advisable to -

A. notify parents first.
B. have a principal or assistant principal conduct the search.
C. use more stringent standards than those used by the police.
D. all of the above.
E. none of the above.

Answer 13

D. all of the above.

Question 14

Students are guaranteed freedom from unreasonable search and seizure by -

A. the Texas state constitution.
B. the School Code of Texas.
C. the US Constitution.
D. executive mandate.
E. PL 94-142.

Answer 14

C. the US Constitution.

Question 15

According to the presenter, which of the following does NOT meet the test of reasonableness for initiating school searches?

A. Individualized suspicion.
B. tips from students.
C. anonymous tips.
D. reports from non-professional school staff.
E. reports from school counselors.

Answer 15

A. Individualized suspicion.

Question 16

According to the presenter, which of the following would NOT be considered a student search?

A. looking in a student’s locker.
B. looking in a student’s car.
C. looking at a student’s handwriting.
D. looking in a student’s back pack.
E. none of the above.

Answer 16

C. looking at a student’s handwriting.

Question 17

Which Amendment to the US Constitution deals with student searches?

A. 2nd
B. 3rd
C. 4th
D. 5th
E. 6th

Answer 17

C. 4th

Question 18

In Vernonia v. Acton the US Supreme Court ruled that -

A. as role models, athlete’s privacy rights are diminished.
B. the district’s student drug use difficulties are pertinent.
C. as school representatives, athletes privacy rights are diminished.
D. none of the above.
E. all of the above.

Answer 18

E. all of the above.

Question 19

The presenter cautioned that when administrators are dealing with law enforcement, they should be aware that -

A. evidence acquired in an unreasonable search is excluded in criminal proceedings.
B. contraband seized at schools is not allowed to be used as evidence in criminal proceedings.
C. Texas school disciplinary proceedings must be held along with criminal proceedings.
D. that a hunch about drug or weapon possession is not sufficient grounds for a search.
E. school based strip searches are an unconstitutional invasion of privacy.

Answer 19

E. school based strip searches are an unconstitutional invasion of privacy.

Question 20

Regarding locker searches, the presenter emphasized that -

A. Texas law does not specifically authorize their use.
B. courts will focus on district’s handbook policy.
C. some districts have eliminated lockers.
D. all of the above.
E. none of the above.

Answer 20

D. all of the above.

Question 21

With respect to metal detectors, the presenter noted that -

A. students can choose not to attend school rather than subject themselves to their use.
B. Texas case law is definitive.
C. student’s right to privacy is the primary consideration.
D. individual suspicion has to exist to require a walk through.
E. protecting the school environment must be a primary consideration.

Answer 21

E. protecting the school environment must be a primary consideration.

Question 22

According to Hoffman-Crow, which of the following qualifies as a search.

A. sniffing air inside a car.
B. examining items in trash.
C. taking non-consensual hand writing samples.
D. examining purses.
E. allowing dogs to sniff inanimate objects like lockers or cars.

Answer 22

D. examining purses.

Question 23

The presenter notes that the use of sniffer dogs is legally problematic because -

A. they tend to misidentify individuals.
B. they cause law suits if the dog can be portrayed as “threatening” a student.
C. they sometimes mistake licit for illicit drugs.
D. their use on individuals constitutes a search.
E. Hoffman-Crow offers no such cautions.

Answer 23

D. their use on individuals constitutes a search.

Question 24

According to Hoffman-Crow, which of the following is NOT a legally defensable basis for launching a search?

A. personal observation.
B. anonymous tips.
C. student tips
D. all of the above.
E. none of the above.

Answer 24

D. all of the above.

A. personal observation.
B. anonymous tips.
C. student tips

Question 25

Which of the following is NOT a factor Hoffman-Crow recommends considering before conducted a group search?

A. the requirement of individual suspicion.
B. the importance of governmental interest.
C. the degree of intrusion.
D. the efficiency of the procedure.
E. the amount of discretion vested with school officials.

Answer 25

A. the requirement of individual suspicion.

Question 26

With respect to the use of metal detectors, Hoffman-Crow noted which of the following.

A. it is unconstitutional if students cannot opt for a hand search.
B. it is unconstitutional if students must attend school.
C. the district policy handbook will be important in court.
D. Texas case law has clearly established their constitutionality.
E. none of these.

Answer 26

C. the district policy handbook will be important in court.

Question 27

Regarding locker searches, the presenter emphasized that -

A. Texas law does not specifically authorize their use.
B. courts will focus on district’s handbook policy.
C. some districts have eliminated lockers.
D. all of the above.
E. none of the above.

Answer 27

D. all of the above.

A. Texas law does not specifically authorize their use.
B. courts will focus on district’s handbook policy.
C. some districts have eliminated lockers.

Question 28

Using the presenter’s criteria, which of the following statements about searching for drugs and weapons in school is FALSE?

A. If district engages in a search the 4th Amendment applies.
B. patting down clothing is a search.
C. a search has to be reasonable.
D. probable cause is required.
E. administrators have lower search standards than police.

Answer 28

D. probable cause is required.

Question 29

Hoffman-Crow observes that of the following the most legally “reasonable” school search is the -

A. locker search.
B. random search.
C. book bag search.
D. automobile search.
E. random search.

Answer 29

A. locker search.

Question 30

In Vernonia v. Acton (1995), the US Supreme Court held that compulsory testing of atheletes is justified if -

Answer 30

B. the athletes appear to be drug culture king pins.’.