Deck 7: Special Needs Searches

Question 1

Which of the following is TRUE regarding probationers and parolees?

A)Both groups have the same Fourth Amendment rights as ordinary citizens.
B)Parolees can be searched without either probable cause or warrants.
C)Probationers can be searched without warrants but not without probable cause.
D)The Fourth Amendment rights of probationers and parolees has not been addressed by the courts.

Answer 1

B

Question 2

Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend.Before Frank returns to his cell,prison guards subject Frank to a strip search.Such a search is:

A)constitutional,because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
B)constitutional,because prisoners forfeit all Fourth Amendment rights.
C)unconstitutional,unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
D)unconstitutional,unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.

Answer 2

A

Question 3

With regard to a prisoner's expectation of privacy,the court has ruled that prisoners have:

A)rights to privacy equal to a free man.
B)absolutely no rights to privacy whatsoever.
C)a substantially reduced expectation of privacy.
D)only those rights that are given at the discretion of the prison administration.

Answer 3

C

Question 4

Safford Unified School District No.1 v.Redding (2009)held that:

A)partially strip-searching an eighth grader was reasonable.
B)partially strip-searching an eighth grader was unreasonable,but granted individual school officials qualified immunity from civil liability for the illegal search.
C)partially strip-searching an eighth grade was unreasonable,and school officials maintained civil liability for the illegal search.
D)partially strip-searching an eighth grader was reasonable,but school officials could be held civilly liable for the search.

Question 5

According to U.S.v.Ramsey (1977),searches at international borders are:

A)reasonable even without a warrant or probable cause.
B)reasonable only with a warrant.
C)reasonable without a warrant,if there is probable cause.
D)require probable cause,followed by a warrant.

Question 6

International border searches are based on a compelling interest held by the U.S.government to maintain security.Which of the following statements accurately describes this issue?

A)International border searches are based on a compelling interest held by the U.S.government to maintain security.Which of the following statements accurately describes this issue?.
B)Border searches do not apply to Americans returning to the U.S.from vacation.
C)Stemming the flow of drugs into the U.S.is one rationale for border searches without reasonable suspicion.
D)Border stops are always unconstitutional if they involve vehicle searches.

Question 7

Which of the following is NOT considered a special-needs search?

A)Inventory search
B)Prenatal patient drug search
C)Hot pursuit search
D)Airport search

Question 8

In determining the reasonableness of airport searches,courts have:

A)not ruled on this matter.
B)held they entail minimal intrusions that apply to all passengers.
C)considered them to be private searches.
D)held that airports may conduct such searches to protect public safety,but the fruits of the searches are inadmissible at a criminal trial.

Question 9

A(n)_________search involves searching prisoners,probationers,parolees,and visitors and employees of prisons and jails to control contraband.

A)inventory
B)custody-related
C)border
D)inspection

Question 10

In South Dakota v.Opperman (1976),the police conducted an inventory search in which they searched Opperman's car after towing it to an impound lot because it was parked illegally.They found marijuana during a search of the glove compartment.The Supreme Court decided that the search of the glove comparment:

A)violated the U.S.Constitution.
B)did not violate the U.S.Constitution because it was a legitimate inventory search.
C)violated the U.S.Constitution because it was conducted on a suspicion that drugs were in Opperman's glove compartment.
D)did not violate the U.S.Constitution because drugs were discovered in the glove compartment.

Question 11

In_________the court held that students may be searched at schools based on reasonable suspicion rather than probable cause (due to the schools need to maintain a healthy learning environment).

A)Vernonia School District v.Acton
B)Board of Education v.Earls
C)New Jersey v.T.L.O
D)Commonwealth v.Nielson

Question 12

According to the Supreme Court,in order to conduct a routine search at the border,officers need:

A)probable cause.
B)a warrant.
C)reasonable suspicion.
D)no probable cause,reasonable suspicion,or a warrant.

Question 13

Jail detainees,not yet convicted of a crime:

A)cannot be searched until they are convicted.
B)have the same Fourth Amendment protections as people not charged with a crime because they presumed innocent until proven guilty.
C)have the diminished Fourth Amendment rights and can be searched without probable cause.
D)can be searched only if there is reasonable suspicion they are dangerous.

Question 14

Joan Smith is entering the United States at the Canadian border.Officers have reasonable suspicion to believe she is smuggling drugs.Which of the following searches of Joan may the officers lawfully conduct?

A)Routine border search,a strip search of her person,a search of her handbag,and a body cavity search.
B)Only a routine border search and a search of her handbag.
C)Routine border search,a strip search of her person,and a search of her handbag.
D)Only a routine border search.

Question 15

In order to meet constitutional standards,an inventory search must:

A)be conducted only at police impound lots.
B)be done pursuant to written,established,police department procedures.
C)leave no room for police officer discretion in the search.
D)involve only a "plain view" search of the interior and exterior of the item being searched.

Question 16

According to the court in Bull v.City and County of San Francisco (2010),involving strip searches of all arrested persons who were admitted to the general population at the San Francisco jail:

A)the strip searches did not violate the Fourth Amendment.
B)the reasonableness of strip searches requires probable cause that detainees are concealing weapons or contraband.
C)strip searches can be conducted only if there is individualized reasonable suspicion.
D)correctional officers must contact law enforcement for a warrant before a strip search can be conducted.

Question 17

With regard to border searches,the U.S.Supreme Court has found that:

A)any kind of border search can be made without any justification whatsoever.
B)strip searches must be justified by probable cause.
C)body cavity searches are never justified.
D)the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches.

Question 18

A special need that justifies airport searches is:

A)protection of endangered species.
B)protection of public health.
C)protection from drug smuggling.
D)protection for air travelers.

Question 19

Historically,before the second half of the Twentieth Century,U.S.prisoners:

A)had almost no rights under the Constitution.
B)have always been fully protected by the Constitution.
C)have been protected by the Constitution if they plead guilty.
D)have been protected by the Fourth Amendment in the privacy of their cells.

Question 20

The Fourth Amendment:

A)applies only to criminal cases.
B)protects just those in criminal cases.
C)limits the right to search to the gathering and use of evidence in criminal cases.
D)includes searches which go beyond the needs of criminal law enforcement.

Question 21

In regard to school searches,the Supreme Court has declared:

A)school officials may conduct a search of the outer clothing of all persons found on school property.
B)while in school,children have no reasonable expectation of privacy.
C)the legality of the search of a student should depend on the reasonableness,under all circumstances,of the search.
D)the Fourth Amendment does not protect university students in administrative searches.

Question 22

A batch of letter sized airmail envelopes from a county well known as a source of narcotics,that were bulky and much heavier than ordinary airmail letters,are stopped at the Post Office in New York.A U.S.Customs Inspector opens the letters and finds heroin.No search warrant was sought.Would this be considered an illegal search and seizure?

A)Yes,because there was no probable cause to link the envelopes to any specific crime;smuggling or not.
B)No,because it constitutes a "border search" and anything crossing the border falls within this exception.
C)No,but only because "probable cause" was not articulated nor was a search warrant obtained.
D)No,it would only be admissible with a warrant or with consent,regardless of the border issue,since it involved the U.S.Mail.

Question 23

According to the Supreme Court's decision in New Jersey v.T.L.O. ,involving the search of a student's purse,school officials (at least those officials supervising students junior high age or younger)may search the possessions of a student under their authority:

A)only with a search warrant.
B)based on probable cause that the student has broken the law or a school regulation.
C)based on reasonable suspicion alone.
D)without a warrant at any time,for any reason,and without individualized suspicion.

Question 24

The need for prison and jail security permits searches without probable cause or a warrant of:

A)prisoners and pretrial detainees.
B)prisoners,pretrial detainees,and visitors to the prison.
C)only prisoners.
D)prisoners,pretrial detainees,employees of the prison,and visitors to the prison.

Question 25

The Supreme Court has ruled that inventory searches are not Fourth Amendment searches.

Question 26

According to State v.Ellis,searches of college dormitory rooms:

A)are not protected by the Fourth Amendment.
B)by university officials require reasonable suspicion.
C)are governed by the same standards for searches of elementary and high school students.
D)do not require a warrant or probable cause when conducted by university residence hall staff officials for health and safety reasons.

Question 27

The Supreme Court in Ferguson v.City of Charleston (2001),involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine,decided that the:

A)warrantless,suspicionless,and nonconsensual searches violated the Fourth Amendment.
B)searches do not violate the Fourth Amendment because the incidence of cocaine use among pregnant women has created a special need.
C)searches do not violate the Fourth Amendment if doctors suspect the mother is using cocaine.
D)searches violate the Fourth Amendment because they are conducted by health care professionals and not law enforcement.

Question 28

As per the decision in U.S.v.Knights (2001),search abilities were expanded to include_________officers who might be required to conduct a search.

A)probation
B)parole
C)police
D)corrections

Question 29

The special need used to justify employee drug testing is directed mainly at:

A)employees who may endanger public safety while under the influence of illegal drugs.
B)employees who may be smuggling and/or selling illegal drugs while employed.
C)preventative government civil liability.
D)criminal law enforcement in general.

Question 30

What did the court rule regarding the reasonableness of drug testing?

A)Drug testing is reasonable only when one has given consent,and not under and other circumstances.
B)Drug testing is reasonable because of the random nature of testing and the special need of the government to protect public safety,which outweighs the minimal invasion of privacy.
C)Drug testing is no longer allowed and is a direct violation of the Fourth Amendment.
D)Drug testing is only allowed in those circumstances where the employee consents to submit to the specific tests of his/her urine,not of a random sampling of all employees.

Question 31

The Supreme Court ruled in Vernonia v.School District of Acton (1995):

A)drug testing of students participating in athletic programs violates the Fourth Amendment.
B)drug testing of student athletes must be consensual in order to comply with the Fourth Amendment.
C)random,suspicionless drug testing of student athletes does not violate the Fourth Amendment.
D)the Fourth Amendment does not apply to drug testing of students.

Question 32

The right against unreasonable searches and seizures is limited to criminal suspects.

Question 33

To do a body cavity search at an international border,which of the below is needed?

A)Probable cause
B)Reasonable suspicion
C)Individualized suspicion
D)A written set of procedures

Question 34

The objective basis for inventory searches consists of following routine procedures in compiling the inventory.

Question 35

The need to protect police from possible danger is not a justification for inventory searches.

Question 36

The court considered all of the following in Board of Education v Earls (2002)except:

A)the ramifications of a failed UA on the student (for example,legal sanctions,academic discipline).
B)the type of extra-curricular activity the tested students wanted to engage in.
C)the nature of the school's/government's concerns and the effectiveness of the drug testing policy in addressing those concerns.
D)the character of the intrusion on privacy imposed by the testing policy.

Question 37

DNA testing of incarcerated felons:

A)has been declared unconstitutional by the courts that have considered it.
B)has been found to be constitutional by the U.S.Supreme Court.
C)has been found to be constitutional by the courts of appeal that have considered it.
D)has not yet been addressed in any court opinions.

Question 38

In Samson v.California (2006),the Supreme Court ruled that:

A)a police officer is prohibited from conducting a suspicionless search of a parolee.
B)a police officer is not prohibited from conducting a suspicionless search of a parolee.
C)a police officer can conduct a suspicionless search of a parolee if the parolee is searched in a public place.
D)a police officer must have reasonable suspicion in order to search a parolee.

Question 39

Which of the following is TRUE?

A)Every state and the federal government now have statutes that mandate DNA testing of all incarcerated felons.
B)Every state and the federal government now have statutes that mandate DNA testing of all those incarcerated of either a felony or a misdemeanor.
C)DNA testing of those incarcerated is on a state-by-state basis,and there is no statute at either the federal or state's level.
D)Only the federal government has a statute mandating DNA testing for incarcerated felons.

Question 40

The Supreme Court has not applied the Fourth Amendment to "special needs" that aren't directly related to
criminal law enforcement.

Question 41

Probationers and parolees have diminished Fourth Amendment rights.

Question 42

The Supreme Court has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms.

Question 43

Special-needs searches can never result in prosecution and conviction.

Question 44

Searches of persons and property at the border of the United States to control who and what comes in and goes out are know as_________searches.

Question 45

The principle by which the government stands in the place of parents is
.

Question 46

Body cavity searches at the border are reasonable only if authorities have_________.

Question 47

Searches that consist of compiling lists of property in government custody are_________searches.

Question 48

The objective standard necessary to justify a strip search at the border is_________.

Question 49

The requirement that law enforcement officers follow written,departmental procedures when conducting inventory searches is called the__________________.

Question 50

Searches at international borders are reasonable even without warrants or probable cause under what is called the
.
__________

Question 51

Criminal law enforcement is not the purpose of employee drug testing.

Question 52

Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.

Question 53

The safety and security of travelers are the special needs that justify_________searches.

Question 54

The border search exception does not allow the warrantless opening of mail coming into the country.

Question 55

According to the Supreme Court,it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.

Question 56

Routine,unannounced cell searches for weapons and contraband are called_________searches.

Question 57

According to the court in State v.Ellis,involving a search of a dormitory room at a public university,
administrators may never enter students' rooms for any purpose without probable cause.

Question 58

Government inspections and other searches not conducted to gather criminal evidence are known as
searches.

Question 59

The border search exception allows searches at international borders without warrants or probable cause.

Question 60

The special need justifying routine border searches is the right to control who and what comes in and leaves the country.

Question 61

Why don't searches of probationers and parolees require warrants or probable cause to be reasonable?

Question 62

Identify four characteristics all special-needs searches have in common.

Question 63

Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied by inventory searches,and what substitutes for probable cause as the objective basis for an inventory search?

Question 64

Why are searches of high school students reasonable without warrants or probable cause?

Question 65

Identify the special need for searches of prisoners and discuss prisoners' expectation of privacy.