Special Needs & Non-criminal

Question 1

New York v. Burger (1987)

Answer 1

Because an owner/operator of commercial premises in closely regulated industries have a reduced expectation of privacy, warrant and probable cause requirements have a lessened application

Question 2

N.J. v. T.L.O. (1985)

Answer 2

Neither warrant or probable cause requirements apply to public school officials

Question 3

When may a public school official search a student without a warrant?

New Jersey v. T.L.O.

Answer 3

1. If there are reasonable grounds for suspecting that a search will turn up evidence that the student broke the law or school rules; **and **
2. the search is not excessively intrusive in light of the age/sex of the student and the nature of the infraction

Question 4

Camara v. Municipal Court (1967) & See v. City of Seattle (1967)

Answer 4

Except in emergency or consent, residences and commercial buildings may not be entered to inspect for administrative code violations without an administrative search warrant

Question 5

U.S. v. Ramsey (1977)

Answer 5

A passenger who arrives from an international flight may be stopped and searched without a warrant and in the absence of individualized suspicion of wrongdoing, purusant to the long-standing right of the sovereign to protect itself from the entry of persons and things dangerous to the nation

Question 6

U.S. v. Brignoni-Ponce (1975)

Answer 6

With roving border ptrols, the agents need reasonable suspicion of criminal activity to detain the car occupants briefly

Question 7

U.S. v. Martinez-Fuerte (1976)

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Answer 7

Vehicle occupants may be stopped for questioning at a fixed interior checkpoint without individualized suspicion of wrongdoing

Question 8

Michigan Dept. of State Police v. Sitz (1990)

Answer 8

Police can establish highway sobriety checkpoints if the state’s interests outweigh the intrusion into people’s privacy interests and the checkpoint is proven to be an effective measn of achieving the state’s goal

Question 9

City of Indianapolis v. Edmond (2000)

Answer 9

A suspicionless roadside checkpoint established for the purpose of deterring general criminal activity is unlawful under the 4th Amendment

Question 10

Illinois v. Lidster (2004)

Answer 10

Special law enforcement concerns will sometimes justify highway stops without individualized suspicion;
an information seeking stop is not the kind of event that involves suspicion, or lack thereof, of the relevant individual