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Copyright Cengage Learning. Powered by Cognero.
Page 13
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:15 AM
DATE MODIFIED:
1/6/2017 3:37 AM
31. 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 or selling illegal drugs while employed.
c.
preventive government civil liability.
d.
criminal law enforcement in general.
ANSWER:
a
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:19 AM
DATE MODIFIED:
1/6/2017 3:37 AM
32. What legal doctrine states that school officials are substitute parents when students are in school?
a.
carpe parentis
b.
in loco parentis
c.
parentis optime
d.
parentis ignotius
ANSWER:
b
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:22 AM
DATE MODIFIED:
1/6/2017 3:37 AM
33. A batch of letter-sized airmail envelopes—from a country well known as a source of narcotics—that are 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 otherwise.
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 and a search warrant was not 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.
ANSWER:
b
Copyright Cengage Learning. Powered by Cognero.
Page 14
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/4/2017 6:32 AM
DATE MODIFIED:
1/6/2017 3:37 AM
34. Regarding searches of probationers’ homes, U.S. v. Knights (2001) relaxed the standard of reasonableness to include
searches by:
a.
probation officers.
b.
parole officers.
c.
law enforcement officers.
d.
corrections officers.
ANSWER:
c
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.05 - Appreciate that the special needs to maintain safety, security, and
discipline over people locked up in jails and prisons, probationers, and parolees outweigh the
reduced expectation of privacy that society grants to people in the custody of the criminal
justice system. Understand that individuals can be subject to these special needs searches
before being convicted of a crime.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:36 AM
DATE MODIFIED:
1/6/2017 3:37 AM
35. In Vernonia School District v. Acton (1995), SCOTUS found that random (without individualized suspicion) drug
testing of:
a.
students participating in athletic programs was unreasonable.
b.
student athletes must be consensual in order to comply with the Fourth Amendment.
c.
all students voluntarily participating in the school district’s athletic programs was reasonable.
d.
is not a Fourth Amendment issue.
ANSWER:
c
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:39 AM
DATE MODIFIED:
1/6/2017 3:37 AM
36. The Fourth Amendment doesn’t apply to unannounced searches of prisoners and their cells, for weapons and
contraband, even if the motive behind the search was harassment.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.05 - Appreciate that the special needs to maintain safety, security, and
discipline over people locked up in jails and prisons, probationers, and parolees outweigh the
reduced expectation of privacy that society grants to people in the custody of the criminal
justice system. Understand that individuals can be subject to these special needs searches
before being convicted of a crime.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:47 AM
DATE MODIFIED:
1/6/2017 3:37 AM
37. SCOTUS has not applied the Fourth Amendment to “special needs” that aren’t directly related to criminal law
enforcement.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:50 AM
DATE MODIFIED:
1/6/2017 3:37 AM
38. The objective basis for inventory searches consists of following routine procedures in compiling the inventory.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
Copyright Cengage Learning. Powered by Cognero.
Page 16
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:52 AM
DATE MODIFIED:
1/6/2017 3:37 AM
39. SCOTUS has ruled that inventory searches are not Fourth Amendment searches.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:56 AM
DATE MODIFIED:
1/6/2017 3:37 AM
40. The need to protect police from possible danger is not a justification for inventory searches.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 6:58 AM
DATE MODIFIED:
1/6/2017 3:37 AM
41. The special need justifying routine border searches is the right to control who and what enters and leaves the country.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
Copyright Cengage Learning. Powered by Cognero.
Page 17
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:18 AM
DATE MODIFIED:
1/6/2017 3:37 AM
42. The border search exception allows searches at international borders without warrants or probable cause.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:22 AM
DATE MODIFIED:
1/6/2017 3:37 AM
43. According to SCOTUS, it is reasonable under the Fourth Amendment for public schools to require students involved
in any extracurricular activity to be tested for drug use.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:25 AM
DATE MODIFIED:
1/6/2017 3:37 AM
44. Probationers and parolees have diminished Fourth Amendment rights.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.05 - Appreciate that the special needs to maintain safety, security, and
discipline over people locked up in jails and prisons, probationers, and parolees outweigh the
reduced expectation of privacy that society grants to people in the custody of the criminal
justice system. Understand that individuals can be subject to these special needs searches
before being convicted of a crime.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:29 AM
DATE MODIFIED:
1/6/2017 3:37 AM
45. Drug tests of public employees, hospital patients, and students are special needs searches that balance public safety
against individual privacy rights.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:31 AM
DATE MODIFIED:
1/6/2017 3:37 AM
46. The privacy concerns of high school students outweigh the special needs of schools when routine drug tests are
applied as a condition for students who enroll in school activities.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:34 AM
DATE MODIFIED:
1/6/2017 3:37 AM
47. SCOTUS has not addressed the extent to which the Fourth Amendment protects university students in their dorm
rooms.
a.
True
b.
False
ANSWER:
True
POINTS:
1
Copyright Cengage Learning. Powered by Cognero.
Page 19
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.06 - Understand that the reasonableness of a public college’s or
university’s entry and inspection of dormitory rooms requires balancing the institution’s
responsibility to provide a suitable learning environment against the students’ right not to
have unreasonable searches of their “home.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:36 AM
DATE MODIFIED:
1/6/2017 3:37 AM
48. Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:40 AM
DATE MODIFIED:
1/6/2017 3:37 AM
49. Criminal law enforcement is not the purpose of employee drug testing.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:45 AM
DATE MODIFIED:
1/6/2017 3:37 AM
50. Special needs searches can never result in prosecution and conviction.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Chapter Introduction
Copyright Cengage Learning. Powered by Cognero.
Page 20
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.01 - Understand that special needs searches are directed at people
generally, can result in criminal prosecution, and don’t require warrants or probable cause.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:47 AM
DATE MODIFIED:
1/6/2017 3:37 AM
51. Government inspections and other searches not conducted to gather criminal evidence are known as
_______________ _______________ searches.
ANSWER:
special needs
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.01 - Understand that special needs searches are directed at people
generally, can result in criminal prosecution, and don’t require warrants or probable cause.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 7:49 AM
DATE MODIFIED:
1/6/2017 3:37 AM
52. Searches that consist of compiling lists of property in government custody are _______________ searches.
ANSWER:
inventory
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:10 PM
DATE MODIFIED:
1/6/2017 3:37 AM
53. Searches of persons and property at the border of the United States to control who and what comes in and goes out are
known as _______________ searches.
ANSWER:
border
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Remember
Copyright Cengage Learning. Powered by Cognero.
Page 21
DATE CREATED:
1/4/2017 11:12 PM
DATE MODIFIED:
1/6/2017 3:37 AM
54. The objective standard necessary to justify a strip search at the border is _______________ _______________.
ANSWER:
reasonable suspicion
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:15 PM
DATE MODIFIED:
1/6/2017 3:37 AM
55. Body cavity searches at the border are reasonable only if authorities have _______________ _______________.
ANSWER:
probable cause
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.03 - Know that the special need of the United States to control who and
what comes into its borders makes international border searches reasonable without warrants
or probable cause. Appreciate that some objective basis is required to justify strip and body
cavity searches.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:18 PM
DATE MODIFIED:
1/6/2017 3:37 AM
56. The requirement that law enforcement officers follow written, departmental procedures when conducting inventory
searches is called the _______________ _______________ _______________.
ANSWER:
routine procedure limit
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:20 PM
DATE MODIFIED:
1/6/2017 3:37 AM
57. The principle by which the government stands in the place of parents is _______________ _______________
_______________.
Copyright Cengage Learning. Powered by Cognero.
Page 22
ANSWER:
in loco parentis
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:23 PM
DATE MODIFIED:
1/6/2017 3:37 AM
58. Routine, unannounced cell searches for weapons and contraband are called _______________ searches.
ANSWER:
shakedown
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.05 - Appreciate that the special needs to maintain safety, security, and
discipline over people locked up in jails and prisons, probationers, and parolees outweigh the
reduced expectation of privacy that society grants to people in the custody of the criminal
justice system. Understand that individuals can be subject to these special needs searches
before being convicted of a crime.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:25 PM
DATE MODIFIED:
1/6/2017 3:37 AM
59. Officials at public colleges and universities represent the _______________ sector.
ANSWER:
public
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.06 - Understand that the reasonableness of a public college’s or
university’s entry and inspection of dormitory rooms requires balancing the institution’s
responsibility to provide a suitable learning environment against the students’ right not to
have unreasonable searches of their “home.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:27 PM
DATE MODIFIED:
1/6/2017 3:37 AM
60. The safety and security of travelers are the special needs that justify _______________ searches.
ANSWER:
airport
POINTS:
1
REFERENCES:
International Border Searches
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.06 - Understand that the reasonableness of a public college’s or
university’s entry and inspection of dormitory rooms requires balancing the institution’s
responsibility to provide a suitable learning environment against the students’ right not to
have unreasonable searches of their “home.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/4/2017 11:29 PM
DATE MODIFIED:
1/6/2017 3:37 AM
61. Why are inventory searches reasonable even without a warrant or probable cause? Identify the special needs satisfied
by inventory searches. What substitutes for probable cause as the objective basis for an inventory search?
ANSWER:
Inventory searches are reasonable, even without a warrant or probable cause, because they
are not searches for the purpose of gathering evidence to prosecute a suspect for a crime.
Inventory searches satisfy three special needs not related to searching for evidence of a
crime: (1) to protect owners’ property while it is in police custody; (2) to protect law
enforcement agencies against lawsuits for loss, destruction, or theft of owners’ property; and
(3) to protect law enforcement officers, detained suspects, and offenders from the danger of
hidden bombs, weapons, and illegal drugs.
The presence of routine, department-approved, written procedures by which inventory
searches must be conducted takes the place of probable cause for inventory searches.
Following routine procedure provides some objective basis, because the procedures apply to
all inventory searches. Routine procedures also keep law enforcement officers from searching
on a ruse and from going too far in making the inventory.
POINTS:
1
REFERENCES:
Inventory Searches
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.02 - Know that following routine, department-approved procedures
allows law enforcement to conduct inventory and container searches without probable cause
or warrants to protect the owners’ belongings, to prevent lawsuits against law enforcement
departments, and to protect law enforcement agents.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/4/2017 11:33 PM
DATE MODIFIED:
1/6/2017 3:37 AM
62. Identify four characteristics all special needs searches have in common.
ANSWER:
Special needs searches have these characteristics in common:
1. They are directed at people generally, not at criminal suspects specifically.
2. They can result in prosecution and conviction.
3. They don’t require a warrant for probable cause.
4. Their reasonableness depends on balancing the special government need against invasion
of individual privacy.
POINTS:
1
DATE CREATED:
1/4/2017 11:36 PM
DATE MODIFIED:
1/6/2017 3:37 AM
63. Identify the special need for searches of prisoners, and discuss prisoners’ expectation of privacy.
ANSWER:
The special need for prisoner searches is to maintain prison and jail security, safety, and
discipline. This special need must be balanced against the invasion of prisoners’ substantially
reduced expectation of privacy.
SCOTUS has held that a prisoner does not have a reasonable expectation of privacy in a jail
cell, and that a search of the cell is not covered by the Fourth Amendment. However, full-
body, strip, and body-cavity searches of prisoners are covered by the Fourth Amendment.
Depending upon the need, these searches may be conducted without probable cause or
reasonable suspicion.
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.05 - Appreciate that the special needs to maintain safety, security, and
discipline over people locked up in jails and prisons, probationers, and parolees outweigh the
reduced expectation of privacy that society grants to people in the custody of the criminal
justice system. Understand that individuals can be subject to these special needs searches
before being convicted of a crime.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/4/2017 11:39 PM
DATE MODIFIED:
1/6/2017 3:37 AM
64. Why don’t searches of probationers and parolees require warrants or probable cause to be reasonable?
ANSWER:
There are multiple explanations for the reasons that searches of probationers and parolees
don’t require warrants or probable cause to be reasonable. These explanations are:
1. Some courts say that because probationers and parolees are still in custody and conditional
release is a privilege, not a right, one of the conditions of this privilege that they must accept
is to be searched at the discretion of the State.
2. Some courts say these searches without warrants or probable cause are consent searches;
probationers and parolees agree to these searches in their signed “contract of release.”
3. Some courts adopt a balancing approach to searches of probationers and parolees.
Probation and parole are risks taken to help rehabilitate convicted offenders. Laws to protect
society from further crime that reduce Fourth Amendment protections for probationers and
parolees are reasonable.
POINTS:
1
REFERENCES:
Custody-Related Searches
QUESTION TYPE:
Essay
DATE MODIFIED:
1/6/2017 3:37 AM
65. Why are searches of high school students reasonable without warrants or probable cause?
ANSWER:
Searches of high school students are reasonable without warrants or probable cause because
SCOTUS has held that, in the context of a school setting, the Fourth Amendment must strike
a balance between students’ reasonable expectation of privacy and a school’s legitimate need
to maintain a healthy learning environment. Requiring school officials to have probable cause
before searching students, and to additionally get warrants, would be too excessive given the
need for quick disciplinary action by school officials in the high school setting. Therefore,
reasonable suspicion alone is enough to conduct the search, and a warrant is not required.
POINTS:
1
REFERENCES:
Drug Testing
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.07.07 - Understand and appreciate how SCOTUS has applied the balancing
ideal to drug testing of (1) employees in the workplace, (2) pregnant women in hospitals, and
(3) high school students.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/4/2017 11:44 PM
DATE MODIFIED:
1/6/2017 3:37 AM
