Deck 7: Inspections and Regulatory Searches

Question 1

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

Answer 1

C

Question 2

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

Answer 2

D

Question 3

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

Answer 3

B

Question 4

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 5

Which of the following is not one of the steps in the analysis to establish the reasonableness of a special-needs search?

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)All of the above are steps in the analysis.

Question 6

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 7

Which of the following would not be considered a legitimate reason to establish a motor vehicle checkpoint?

A)Checking vehicles for illegal aliens
B)Checking the sobriety of drivers
C)Checking vehicles for smuggled narcotics
D)All of the above are valid.

Question 8

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 9

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 10

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

Question 11

Administrative inspections are typically carried out by whom?

A)Police
B)Nonpolice public agents
C)Judicial panels
D)Employers

Question 12

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)None of the above

Question 13

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 14

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 the above

Question 15

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

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

Which of the following is not a requirement regarding motor vehicle checkpoints?

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 17

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 18

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 19

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 20

Which of the following is not one of the factors considered in regard to the constitutionality of airport screening?

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 21

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

Question 22

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

Question 23

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 24

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

Question 25

Warrantless alcohol and drug tests of any government employees are allowed.

Question 26

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 27

Any evidence of criminal activity discovered during a lawful special-needs search can be seized and used as evidence in a criminal trial.

Question 28

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

Question 29

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 30

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 31

Which of the following types of searches would typically be conducted by a nonpolice investigator?

A)Motor vehicle checkpoints
B)Administrative inspections
C)Inventory
D)Search incident to arrest

Question 32

If border patrol officers are functioning on the border's "functional equivalent" and not the physical border itself, they must possess reasonable suspicion in order to stop a vehicle and question its occupants.

Question 33

Which of the following is not a justification for warrantless searches of vehicles at driver checkpoints?

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 34

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

Question 35

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 36

Nonroutine border searches do require reasonable suspicion.

Question 37

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 38

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 39

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 40

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 41

The U.S. Supreme Court has held that administrative warrants to search a house may be based on "_____."

Question 42

The U.S. Supreme Court has held that motor vehicle checkpoints can be established if they stop every vehicle and if they are checking for offenses that endanger the public safety. Explain the Court's explanation for these two requirements. Would it not make more sense for officers to be allowed to stop certain vehicles and not others? Explain why or why not.

Question 43

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 44

_____ generally are concerned with enforcing regulations that protect the safety and welfare of individuals and of the public rather than with investigating the criminal conduct of a specific individual or group of individuals.

Question 45

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

Question 46

How are special-needs and administrative searches different from searches carried out incident to illegal activity?

Question 47

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 48

In order to search the home of a probationer, a probation officer must have reasonable suspicion that the probationer is engaged a drug or violent criminal offense.

Question 49

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 50

The U.S. Supreme Court has held that probationers can be subject to various searches due to their decreased expectation of privacy. Explain the Court's rationale for this position. How far do you think probation officers should be allowed to take this authority? Explain using the Court's previous rationales.

Question 51

What are the primary justifications for allowing drug-testing policies in schools in Vernonia School District 47J v. Acton? Do you agree that a reasonable suspicion requirement may defeat the purpose of the test? Why or why not?

Question 52

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

Question 53

Students are allowed their _____ Amendment rights as long as they do not substantially disrupt the learning environment.

Question 54

Articulate the difference between and give examples of routine and nonroutine border searches and the differing levels of suspicion required by each.

Question 55

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

Question 56

The status of schools acting as temporary parents of their students, thus allowing searches in schools, is known by the Latin term _____.

Question 57

Routine searches at the border can be conducted without reasonable suspicion using the _____.

Question 58

Explain the evolution of the Court's approach to the rights of prisoners in correctional institutions ranging from the "hands-off" approach to Holt v. Hobbs.

Question 59

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

Question 60

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