Deck 7: Inspections and Regulatory Searches

Question 1

All of the following statements pertaining to administrative and special-needs searches are true except ______.

A)they are primarily carried out by public agencies, not police officers
B)they are not aimed at investigating or collective evidence of a specific crime committed by a specific individual or individuals
C)a strict probable cause standard is not required
D)the reasonableness of these searches is based on the government's interest

Answer 1

D

Question 2

Administrative inspections are typically carried out by whom?

A)police
B)agency investigators
C)judicial panels
D)employers

Answer 2

B

Question 3

When observed in plain view during a valid administrative search, evidence of criminal activity ______.

A)may be immediately seized by police
B)may be seized by police if they obtain consent from the owner
C)can serve to show probable cause to obtain a warrant to seize the item(s)
D)must be ignored by police

Answer 3

A

Question 4

All of the following are steps in the analysis to establish the reasonableness of a special-needs search except ______.

A)the public have inherently consented to such a search
B)the government interest outweighs the individual privacy interest
C)the search is directed at a need beyond that of a specific offense by a specific offender
D)the search is being carried out to investigate a crime

Question 5

Which of the following court cases held that administrative inspections are regulated by the Fourth and Fourteenth Amendments and observed that the failure to require a warrant would leave individuals without protection against administrative intrusions?

A)Camara v.Municipal Court
B)See v.City of Seattle
C)New York v.Burger
D)City of Los Angeles v.Patel

Question 6

The ______ provides that routine searches at the border without reasonable suspicion are reasonable based on the sovereign right of the United States to prevent illegal entry and protect against drug and contraband smuggling.

A)totality of the circumstances
B)motor vehicle checkpoint
C)special-needs search
D)border exception

Question 7

The most commonly applied level of proof required to conduct an administrative inspection is ______.

A)probable cause
B)modified probable cause
C)general probable cause
D)reasonable suspicion

Question 8

The result of a violation found via an administrative inspection typically is ______.

A)criminal incarceration
B)a criminal fine
C)a civil fine
D)a verbal reprimand

Question 9

All of the following individuals can carry out a special-needs search except ______.

A)airport screeners
B)public school teachers
C)probation officers
D)everyday citizens

Question 10

In order to conduct a general search, such as an inspection of every building in a neighborhood of a certain age, courts may grant inspectors a/an ______.

A)area warrant
B)general warrant
C)open-ended warrant
D)modified warrant

Question 11

The most commonly applied level of proof required to conduct a special-needs search is ______.

A)probable cause with a warrant
B)probable cause without a warrant
C)preponderance of the evidence
D)reasonable suspicion

Question 12

What is the test for determining whether a search meets a special need?

A)Whether the conducting agency has proven a need beyond a reasonable doubt.
B)The court balances the significance of the government interests against the intrusiveness of the search.
C)Whether the parties involved have voted on the issue and reached a supermajority.
D)The court balances the needs of the population against the justifications presented by the government.

Question 13

The functional equivalent of the border includes all of the following except ______.

A)a border station close to the border
B)the intersection of two highways leading from the border
C)jails and prisons that house illegal immigrants
D)the point of arrival of a nonstop flight from a foreign country to the United States

Question 14

A warrant that authorizes the search of every building of a particular age or design is known as which of the following?

A)blanket warrant
B)block warrant
C)modified warrant
D)area warrant

Question 15

All of the following are considered a special-needs search except ______.

A)workplace drug testing
B)a schoolwide locker search for weapons
C)a search of a parolee by his parole officer
D)an inspection of a business to ensure enforcement of safety regulations

Question 16

All of the following statements pertaining to special-needs searches are true except ______.

A)nonroutine border searches require reasonable suspicion
B)automobiles may be briefly stopped at fixed checkpoints in the interests of highway safety
C)physical searches of students' purses and possessions require reasonable suspicion
D)prisoners do not lack an expectation of privacy in their cells

Question 17

In which of the following court cases did the U.S.Supreme Court hold that the border extends beyond the intersection between the United States and Mexico?

A)Almeida-Sanchez v.United States
B)United States v.Brignoni-Ponce
C)United States v.Esieke
D)United States v.Montoya de Hernandez

Question 18

Administrative inspections are typically conducted for the purpose of ______.

A)ensuring that local business are following local ordinances (e.g., fire codes)
B)ensuring that individuals are not violating minor laws (e.g., DUI checkpoints)
C)inventorying the property of a suspect taken into custody (e.g., automobile inventory)
D)none of these

Question 19

Warrantless searches by police of certain business, such as automobile junkyards and gun dealers, are justified using the ______.

A)limited privacy clause
B)bad actors clause
C)closely regulated business exception
D)inherent public interest exception

Question 20

In order to pass constitutional muster, border searches must be conducted ______.

A)in a routine fashion
B)within 100 yards of the border
C)by uniformed border patrol agents
D)during the daytime

Question 21

According to Tinker v.Des Moines, students are allowed their First Amendment freedom of speech so long as ______.

A)their expression does not offend other students
B)there is not a breach of the separation of church and state
C)their expression does not substantially disrupt the learning environment
D)their expression conforms to established school policy

Question 22

Which of the following is true of routine border searches?

A)They do not embarrass or offend the average traveler.
B)They are intrusive.
C)They invade a person's privacy.
D)There is a requirement of articulable suspicion.

Question 23

All of the following statements regarding the constitutionality of workplace drug testing are true except ______.

A)blood and breath tests are extremely intrusive
B)a reasonable suspicion requirement would impede the government's capacity to protect the public
C)the government does not have a strong interest in regulating conduct in safety sensitive activities
D)individuals are protected against harassment by regulations that authorize only suspicion-less testing under specific circumstances

Question 24

Warrantless alcohol and drug tests would likely be allowed of all but which of the following?

A)firefighters
B)loss-prevention agents
C)airline pilots
D)chemical plant employees

Question 25

In regard to school searches, reasonableness is determined by balancing the purpose of the search against ______.

A)the degree of intrusion into a student's privacy
B)the concerns of students' parents
C)school policy regarding searches
D)the Fourth Amendment

Question 26

All of the following are justifications for warrantless searches of vehicles at driver checkpoints except ______.

A)drivers are informed of the checkpoints by signs as they approach so they aren't taken by surprise
B)drivers are surprised and subjected to unnecessary delay
C)the stops are brief, and they minimize the stress and fear experienced by motorists
D)police do not single out particular motor vehicles for inspection

Question 27

What level of proof is required for school officials to search the property of students for contraband?

A)probable cause
B)modified probable cause
C)a preponderance of the evidence
D)reasonable suspicion

Question 28

All of the following are requirements regarding motor vehicle checkpoints except ______.

A)public safety must be the primary concern
B)drivers must be given the opportunity to turn back
C)police must stop every vehicle
D)drivers must be informed of the coming checkpoint

Question 29

In which of the following court cases did the U.S.Supreme Court rule that checkpoints whose primary purpose is the detection of narcotics are unconstitutional?

A)Delaware v.Prouse
B)Michigan Department of State Police v.Sitz
C)United States v.Martinez-Fuerte
D)City of Indianapolis v.Edmond

Question 30

A nonroutine border search involves a greater invasion of privacy than a routine search and thus requires ______.

A)probable cause
B)a preponderance of the evidence
C)reasonable suspicion
D)articulable suspicion

Question 31

Which of the following would constitute a routine border search?

A)strip searches
B)involuntary X-ray searches
C)luggage searches at an airport
D)body-cavity searches

Question 32

In which of the following circumstances would a suspicionless stop and search by a roving patrol be constitutional?

A)within 30 miles of an international border
B)in areas where profiling is practiced
C)at the border or the functional equivalent of the border
D)in an area known to house illegal immigrants

Question 33

Which of the following refers to the "in the place of the parent?"

A)habeas corpus
B)amicus curiae
C)nolo contender
D)in loco parentis

Question 34

All of the following are factors considered in regard to the constitutionality of airport screening except ______.

A)the public nature of the search
B)the effectiveness of the search
C)the minimal nature of the search
D)the training of those conducting the search

Question 35

All of the following statements regarding airport screening and its constitutionality are true except ______.

A)searches are carried out in response to a clear danger and threat to aircraft
B)individuals are aware of that they will be subjected to screening at the airport
C)airport screening procedures do not permit individuals to avoid a search regardless if they board a plane or not
D)individuals are not made to feel that they are being singled out for embarrassing or humiliating treatment

Question 36

What is the level of proof required for workplace drug testing of police officers?

A)a preponderance of the evidence
B)reasonable suspicion
C)mere indication
D)There is no level of proof required.

Question 37

What level of proof is required for schools to compel student athletes to submit to drug testing?

A)probable cause
B)reasonable suspicion
C)a "hunch"
D)no proof whatsoever

Question 38

Which of the following court cases illustrated the exception for routine border searches?

A)United States v.Flores-Montano
B)Delaware v.Prouse
C)United States v.Esieke
D)United States v.Montoya de Hernandez

Question 39

Which of the following standards ensures that searches will be carried out with accordance?

A)strict probable cause
B)preponderance of evidence
C)reasonable suspicion standard
D)articulable suspicion

Question 40

What level of proof that an individual possess a weapon is required for a more intrusive search via an airport screening?

A)modified probable cause
B)a preponderance of the evidence
C)reasonable suspicion
D)mere indication

Question 41

Nonroutine border searches do require articulable suspicion.

Question 42

It is reasonable to base an administrative warrant to search a house or apartment on a modified probable cause standard.

Question 43

Special-needs searches are not conducted as a search to collect evidence of a specific crime, committed by a specific individual.

Question 44

What level of proof is required for probation officers to search the home of a probationer to which they are assigned?

A)probable cause
B)modified probable cause
C)reasonable suspicion
D)no suspicion whatsoever

Question 45

The drug policy implemented by the Vernonia School District included all of the following components except ______.

A)purpose
B)athletes
C)parental involvement
D)drug samples

Question 46

In Florence v.Board of Chosen Freeholders, the U.S.Supreme Court approved the ______ of arrestees no matter how minor their offenses.

A)strip search
B)body-cavity search
C)X-ray search
D)automobile search

Question 47

In which of the following court cases did the U.S.Supreme Court rule that a law enforcement officer who possesses reasonable suspicion that a probationer is engaged in criminal activity is entitled to conduct a warrantless search?

A)Griffin v.Wisconsin
B)United State v.Knights
C)Samson v.California
D)Ruffin v.Commonwealth

Question 48

The purpose of the Vernonia School District policy was to do all of the following except ______.

A)prevent student athletes from using drugs
B)protect students health and safety
C)incapacitate drug users
D)provide assistance to drug users

Question 49

Per the Vernonia School District policy, ______ of the athletes are to be selected at random for testing.

A)10
B)20
C)30
D)40

Question 50

According to the text, in the 1980s, ______ were considered to be the leaders of the drug culture.

A)student athletes
B)honor roll students
C)newly hired teachers
D)high school administrators

Question 51

Routine border searches are considered to be intrusive.

Question 52

If a business is found in violation of the law via an administrative inspection, penalties may involve a civil fine or a criminal conviction, but never both.

Question 53

Administrative searches are primarily carried out by public agencies that are not a part of the police.

Question 54

A strict probable cause standard is required for all administrative and special-needs searches.

Question 55

According to Vernonia School District 473 v.Acton, schools are allowed to compel ______ to suspicionless drug testing.

A)all students in extracurricular activities
B)athletes
C)all students
D)no student

Question 56

Nonroutine searches do not require reasonable suspicion.

Question 57

In Samson v.California, the U.S.Supreme Court held that the state's concern with ______ outweighed the parolees' diminished expectations of privacy.

A)recidivism
B)restitution
C)incapacitation
D)rehabilitation

Question 58

Special-needs searches are more likely than administrative inspections to be carried out by a police officer.

Question 59

Agencies undertake these administrative inspections to ensure that individuals and businesses are conforming to a broad range of agency regulations.

Question 60

What level of proof is required for correctional officials to search an inmate's cell?

A)probable cause
B)modified probable cause
C)reasonable suspicion
D)no suspicion whatsoever

Question 61

One justification for allowing airport screenings is that passengers can avoid the screening by choosing not to board the plane.

Question 62

Under the concept of in loco parentis, schools had complete and unlimited authority over their students.

Question 63

Airport screenings should be minimally intrusive at all times, regardless of a clear danger and threat to the aircraft.

Question 64

Prisoners retain only those constitutional rights that are not "incompatible with the objectives of incarceration."

Question 65

Provide an example of a routine and nonroutine border search.

Question 66

The U.S.Supreme Court has held that searches of students' possessions carried out by school administrators ought not be "swift and informal."

Question 67

Provide an example and then discuss one of the special-needs searches identified in the text.

Question 68

What is the two-step analysis required in a special-needs search?

Question 69

The U.S.Supreme Court has established a variety of rules regarding the administrative inspections of various structures and businesses.Explain the concepts of and reasons behind "modified probable cause," "area warrants," and "closely regulated businesses."

Question 70

What is the border exception?

Question 71

The U.S.Supreme Court has held that school officials can conduct drug testing of athletes in part due to their inherent risk of health concerns.

Question 72

Explain the significance of United States v.Knights in relation to a probationer's expectation of privacy.

Question 73

The government has a strong interest in regulating the conduct of railroad employees involved in safety-sensitive activities in order to protect the railroad traveling public.

Question 74

Motor vehicle checkpoints can be established to search vehicles for smuggled narcotics.

Question 75

Provide an example of an administrative inspection.

Question 76

Identify and discuss the characteristics of motor vehicle checkpoints that reduce the stress and strain experienced by motorists.

Question 77

When conducting motor vehicle checkpoints, officers cannot single out certain drivers to be or not to be stopped.

Question 78

What does in loco parentis mean? Do you believe schools do/should act in this capacity? What is the primary case that explored the boundaries of searches and seizures in schools?

Question 79

Explain the various factors taken into consideration when courts evaluate the reasonableness of special-needs airline screening.

Question 80

In New York v.Burger, the Supreme Court held that warrants and probable cause are not required for "highly regulated" industries that are subject to close and regular inspections.