Exam 6: Administrative and Special Needs Searches
Probation officers need ____________ that a probationer is engaged in criminal activity before conducting a search of a probationer's home.
B
"Special needs" exceptions are evaluated under the ______________ standard of the Fourth Amendment.
"reasonableness"
Assume that a regulatory inspector is conducting a justified,routine inspection of a tightly regulated business.The inspector,while standing in a spot that he has a legal right to be in and without moving anything,sees evidence of criminal activity.What are the options of the inspector?
When a regulatory inspector, during a justified, routine inspection of a tightly regulated business, observes evidence of criminal activity from a spot where they have a legal right to be, the inspector has several options:
1. **Document the Evidence**: The inspector should document what they have observed. This could include taking photographs, making sketches, or writing detailed notes. This documentation will be crucial for any subsequent investigation or legal proceedings.
2. **Report to Superiors**: The inspector should report the observation to their superiors within the regulatory agency. This is to ensure that the proper protocol is followed and to determine the next steps within the scope of the agency's authority.
3. **Cease the Inspection**: If the observed criminal activity is outside the scope of the regulatory inspection or if continuing the inspection could compromise potential criminal evidence, the inspector may need to cease the inspection and withdraw from the premises.
4. **Contact Law Enforcement**: If the observed activity is clearly criminal and falls outside the regulatory agency's jurisdiction, the inspector should contact the appropriate law enforcement authorities. It is important to do this promptly to ensure that the evidence is secured and that any necessary criminal investigation can be initiated.
5. **Preserve the Scene**: If the situation warrants, the inspector may need to take steps to preserve the scene until law enforcement arrives. This could involve securing the area or ensuring that no one tampers with the evidence.
6. **Provide Testimony**: The inspector may later be called upon to provide testimony regarding their observations. This could be in the form of a written statement or court testimony.
7. **Follow-Up**: The inspector should follow up with their agency and law enforcement to stay informed about the case and to provide any additional assistance that may be required.
8. **Maintain Confidentiality**: The inspector must maintain the confidentiality of the investigation and any observations made during the inspection. Sharing information inappropriately could jeopardize the investigation or legal proceedings.
9. **Cooperate with Law Enforcement**: If law enforcement takes over the investigation, the inspector should cooperate fully, providing all relevant information and documentation that could assist in the investigation.
10. **Review and Reflect**: After the incident, the inspector and their agency should review the situation to learn from it and to improve protocols for future inspections.
It is important for the inspector to act within the bounds of their legal authority and to follow all relevant laws and regulations. The inspector should not attempt to collect evidence or take any action that could be construed as overstepping their role or that could interfere with a criminal investigation.
Federal law and the law of all fifty states provide for the collection of _________ from criminal offenders.
With respect to drug testing of government employees,in order for the "special needs" doctrine to apply,the employee must be engaged in high-risk work,safety-sensitive tasks,or immediately aid in drug interdiction efforts.
The line between an administrative and a criminal search sometimes blurs.In distinguishing between them,it is important to look at the ______________ and _________________.
Pertaining to searches of student belongings by university officials and/or police,which of the following statements is true?
The only substantive restraint on the searches of objects that occur at a fixed or functional border of the United States is:
A(n)_________________ is a routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations.
In response to the terrorist attacks on September 11,2001,cities across the United States took steps to increase security to protect buses,trains,ferries,and other forms of public transportation from terrorist attack.To date,the courts:
What is a permissible justification for a roadside checkpoint? Give an example of an impermissible justification.Also,give an example of a permissible justification.
An administrative search is an inspection of a home or business with the specific purpose of determining compliance with various statutes and regulations.
Because the search guidelines for college students are so vague and inconsistent,few generalizations can be made.
When school administrators search for contraband in the schools,it is important to remember that the Fourth Amendment applies,but the warrant requirement does not.
Which of the following is a true statement about the opinion of the Court in Safford Unified School District v.Redding (2009)?
Which of the following is a true statement about the privacy and property rights of students while on school grounds?
Police cannot legally gain access to a student's living quarters on a private university for the purpose of searching,even if they have permission of university administration,unless they have a warrant issued.Why is this statement true?
To date,on each instance that an appellate court has considered the constitutionality of DNA testing statutes,the court has ruled:
If evidence of criminal activity is discovered during the course of a valid administrative search and the evidence is readily viewable by the inspector:
Random manual searches of would-be passengers on an airline and his or her belongings for weapons or explosives is
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