True / False
1. The U.S. Supreme Court held that the probable cause standard is related to criminal investigations.
a.
True
b.
False
True
Special Needs and the Fourth Amendment
CEPC.GARD.16.11.1
2. If a property owner refuses to allow a housing inspector access to property for inspection then a search
warrant must then be obtained.
a.
True
b.
False
3. Some courts hold that security screenings at airports, courthouses, and other public facilities can be justified
on the theory that the persons involved consent to the search and seizure by attempting to use the facility.
a.
True
b.
False
False
Security Screening at Airports, Courthouses, and Other Public Buildings and Places
CEPC.GARD.16.11.3
4. Under the Fourth Amendment, relaxed search warrant requirements are permitted to enforce health, fire, and
housing codes.
a.
True
b.
False
5. In general, searches of property of public school students by school officials on school property can be
conducted on reasonable suspicion.
a.
True
b.
False
True
CEPC.GARD.16.11.1
6. Drug testing of police officers can generally be conducted on reasonable suspicion.
a.
True
b.
False
True
CEPC.GARD.16.11.2
7. The U.S. Supreme Court has held that public schools may conduct random drug testing of student athletes
and students involved in extracurricular activities.
a.
True
b.
False
True
Drug Testing Without Probable Cause or a Search Warrant
CEPC.GARD.16.11.2
8. Thus far, in every drug testing case that has reached the U.S. Supreme Court, the government has prevailed.
a.
True
b.
False
False
Drug Testing Without Probable Cause or a Search Warrant
CEPC.GARD.16.11.2
9. As compared to most businesses, businesses deemed “closely regulated businesses” have less Fourth
Amendment protection.
a.
True
b.
False
True
Searches Without Probable Cause or Search Warrants of Closely Regulated Businesses
CEPC.GARD.16.11.3
10. Enterprises involving liquor, firearms, coal mining, pharmacies, and taverns are among those deemed to be
“closely regulated businesses.”
a.
True
b.
False
True
Searches Without Probable Cause or Search Warrants of Closely Regulated Businesses
CEPC.GARD.16.11.3
11. In a government workplace, government workers have reduced Fourth Amendment protection as compared
to their protection at home.
a.
True
b.
False
True
Work-Related Searches in Government Offices (the Ortega Rule)
CEPC.GARD.16.11.3
12. The U.S. Supreme Court has specifically approved the use of vehicle checkpoints for drug interdiction.
a.
True
b.
False
False
Roadblocks or Vehicle Checkpoint Stops
CEPC.GARD.16.11.3
13. The Ortega rule allows work-related searches in government offices.
a.
True
b.
False
True
Work-Related Searches in Government Offices (the Ortega Rule)
CEPC.GARD.16.11.3
14. People have less Fourth Amendment protection at the international border than in the interior of the U.S.
a.
True
b.
False
True
Roadblocks or Vehicle Checkpoint Stops
CEPC.GARD.16.11.4
15. Probationers and parolees have less Fourth Amendment protection than ordinary citizens.
a.
True
b.
False
True
Incriminate Himself
CEPC.GARD.16.11.1
16. Administrative searches and functions are those that are related to special need of government and the
community.
a.
True
b.
False
True
Special Needs and the Fourth Amendment
CEPC.GARD.16.11.1
17. Requiring convicted persons in correctional counseling programs to admit to any other crimes is a violation
of the Fifth Amendment.
a.
True
b.
False
False
Incriminate Himself
CEPC.GARD.16.11.5
18. While incarcerated, prison and jail inmates have reduced Fourth Amendment protection as compared to
those of persons outside the institution.
a.
True
b.
False
True
Incriminate Himself
CEPC.GARD.16.11.5
19. The special needs exceptions to the warrant requirement expand the power of government to search and
seize.
a.
True
b.
False
True
Special Needs and the Fourth Amendment
CEPC.GARD.16.11.1
20. The U.S. Supreme Court has specifically upheld the use of vehicle checkpoints to enforce immigration laws.
a.
True
b.
False
True
Roadblocks or Vehicle Checkpoint Stops
CEPC.GARD.16.11.4
Multiple Choice
21. For Fourth Amendment analysis, searches and seizures that are not conducted for the purpose of criminal
investigation are termed _____ searches.
a.
special needs
b.
civil discretion
c.
public function
d.
public service
Special Needs and the Fourth Amendment
CEPC.GARD.16.11.1
22. The U.S. Supreme Court lowered the standards for search warrants to facilitate government searches to
enforce _____.
a.
fire, health, and housing codes
b.
laws against illegal immigration
c.
drug and gun smuggling laws
d.
laws protecting children and dependent adults
23. Drug testing of law enforcement and correctional personnel and certain categories of public school students
may be done without a warrant if done _____.
a.
randomly or based on individualized reasonable suspicion
b.
with an area warrant or a writ of habeas corpus
c.
pursuant to a capias or attachment
d.
after at least one person in the category has been arrested for a drug offense
School Searches on Reasonable Suspicion
LEARNING OBJECTIVES:
CEPC.GARD.16.11.2
24. Even though a warrantless or suspicionless search may be conducted based on an administrative or public
safety rationale, if evidence of crime is validly obtained during such a search, the evidence _____.
a.
must be suppressed in a criminal case
b.
may be used in a criminal case
c.
may be used only in felony cases
d.
may not be used unless the defendant consents
REFERENCES:
Special Needs and the Fourth Amendment
LEARNING OBJECTIVES:
CEPC.GARD.16.11.1
25. Which of the following is NOT a “closely regulated industry” for Fourth Amendment purposes?
a.
liquor stores
b.
coal mines
c.
pharmacies
d.
jewelry store
REFERENCES:
Searches Without Probable Cause or Search Warrants of Closely Regulated Businesses
LEARNING OBJECTIVES:
CEPC.GARD.16.11.1
26. The case establishing limits to identification checkpoints in public housing projects was _____.
a.
Illinois v. Lidster
b.
State v. Hayes
c.
Indianapolis v. Edmonds
d.
Michigan State Police v. Stiz
REFERENCES:
Roadblocks or Vehicle Checkpoint Stops
27. Security screenings and seizures of items CANNOT occur without warrants or probable cause at _____.
a.
airports
b.
courthouses
c.
public buildings
d.
private functions
REFERENCES:
Security Screening at Airports, Courthouses, and Other Public Buildings and Places
28. The U.S. Supreme Court has specifically held that public school boards may require random drug testing of
_____.
a.
all students
b.
student athletes and those involved in extracurricular activities
c.
students who are arrested for drug offenses
d.
students who are members of gangs
29. The U.S. Supreme Court has held that random drug testing for government-related employees are _____.
a.
constitutional for those in heavily regulated industries
b.
constitutional only if there is reasonable suspicion
c.
unconstitutional under the Fourth Amendment
d.
unconstitutional because they violate the privilege against self-incrimination
30. In general, government employee supervisors may search government owned desks, file cabinets, and
computers for work-related matters _____.
a.
only with warrants
b.
only with probable cause
c.
only with reasonable suspicion
d.
at any time without any minimum amount of suspicion
31. The U.S. Supreme Court has specifically held that checkpoints for _____ purposes do not violate the Fourth
Amendment?
a.
driving while intoxicated enforcement
b.
drug law enforcement
c.
general crime control purposes
d.
catching burglars in high crime areas
32. To validly search vehicles at border crossings, federal agents _____.
a.
must have probable cause
b.
must have reasonable suspicion
c.
must have a search warrant
d.
are not required to have any warrants or individualized suspicion
33. If a person attempts to enter the U.S. from Mexico, in order for customs officers to legally remove the gas
tank and search for drugs, this conduct would _____.
a.
require a warrant
b.
require probable cause
c.
require reasonable suspicion
d.
does not require a warrant or any individualized suspicion.
Roadblocks or Vehicle Checkpoint Stops
34. Sham roadblocks have been held to be _____.
a.
a violation of the Fourth Amendment
b.
a violation of the Fifth Amendment
c.
a violation of the Sixth Amendment
d.
constitutional
35. Inmates in prisons and jails may be searched for weapons or contraband _____.
a.
only with a warrant
b.
only upon probable cause
c.
only upon reasonable suspicion
d.
randomly or at any time without any particularized individual suspicion
Incriminate Himself
36. Evidence obtained as a result of the administrative _____ of government agencies is admissible if performed
within the guidelines established by law.
a.
functions
b.
mandates
c.
routines
d.
omissions
Special Needs and the Fourth Amendment
37. The U.S. Supreme Court set a much ______ standard for obtaining a fire, health, or housing inspection
search warrant
a.
higher
b.
more subjective
c.
lower
d.
more objective
38. _______ businesses may conduct drug testing of employees without fear of Fourth Amendment violation.
a.
Any private
b.
Only potentially dangerous private
c.
Only non-sensitive private
d.
Only security-related private
39. Elected school boards may, if they deem necessary, require _____ drug tests of not only student athletes but
also students participating in any extracurricular activities.
a.
scheduled
b.
random
c.
parent-approved
d.
parent-notified
40. Courts have upheld statutes requiring mandatory DNA samples from persons arrested or indicted for ______
crimes.
a.
misdemeanor
b.
felony
c.
heinous
d.
administrative
Case 11.1
Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales
business in Denver, “High and Mighty.” The state and county require operators of such businesses to acquire a
license, hold a public meeting coordinated with the local and state license board, and other special procedures
for this new and highly regulated enterprise. One holiday weekend, Detective Jones stops in and informs Janet
that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-
keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational
marijuana. Janet has never been the subject of such a search and is concerned the detective’s presence will scare
away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones
enters the store over Janet’s objection and despite her request that he produce a search warrant. He enters her
office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and
documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued
to serve customers while he was in the office. Detective Jones checks the ID of several people who have made
purchases and finds that two of them are under age under state law to purchase marijuana. While Detective
Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, “Man, I can’t believe this guy
is giving us such a hard time. What a bummer!” Detective Jones directs this man to empty his pockets on a
nearby table and finds he has cocaine. Detective Jones arrests Bobby for possession of cocaine, cites Janet for
violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.
41. Can Detective Jones enter and search “High and Mighty” to ensure and enforce compliance with marijuana
recreational sales regulations without a search warrant?
a.
No, a search warrant is required from a neutral and detached magistrate with experience in marijuana
cases.
b.
No, unless Janet gives consent in advance to search the “High and Mighty.”
c.
No, the U.S. Supreme Court held in 1978 that a closely regulated industry can only be inspected
without a warrant when the owner requests one.
d.
Yes, the U.S. Supreme Court held in 1978 that there is an exception to the Fourth Amendment for
regulated industries and when an entrepreneur embarks upon such a business, he/she has voluntarily
chosen to subject the business to a full arsenal of governmental regulation.
42. Did the search of Janet’s business records meet the three requirements for authorizing inspections without
search warrants of closely regulated businesses as established by the U.S. Supreme Court in New York v
Burger?
a.
Yes, there was a “substantial” government interest and Detective Jones’ inspection was necessary to
further the Colorado “regulatory scheme.”
b.
No, business records are not covered under such a search, just marijuana.
c.
No, the search did not advance the government interest embodied in the law.
d.
Yes, the Sixth Amendment does not apply to a commercial enterprise only personal residences.
43. If Janet chose to challenge the search, which amendment would she invoke?
a.
Second
b.
Fourth
c.
Sixth
d.
Eighth
44. If Bobby challenges his arrest, will he succeed?
a.
No, he was present during a lawful administrative search under New York v. Burger.
b.
Yes, Detective Jones was conducting an illegal administrative search of “High and Mighty.”
c.
No, Bobby had no reasonable expectation of privacy in his pockets.
d.
Yes, the search of his person was not supported by probable cause, a search warrant or consent.
Case 11.2
High school teacher Nolan Ackerman has been hearing rumors that students at his high school are using illegal
drugs. Mr. Ackerman starts watching students in the hallways of the school. He notices that Fred placed a large
bag in his school locker when he thought no one was looking. Fred also started to meet with his classmates at
the locker and furtively took money in exchange for small plastic bags he took out of the paper bag. Johnny has
an adjoining locker with stickers from bands that advocate rock ‘n roll, as well as marijuana use. Mr. Ackerman
walked up to Fred and told him to open his locker for an inspection. When Fred grudgingly complied after
demanding to see a search warrant, Mr. Ackerman looked into the paper bag and found small plastic bags
containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred’s friend, was standing nearby
and Mr. Ackerman told him to open his locker up, as well. Inside, Mr. Ackerman found illegal fireworks and a
baggie of marijuana. When Jane, who was standing nearby, protested, Mr. Ackerman told her to open her purse
and she refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He then perused her
text messages and saw that she had told her friends that she had bought alcohol, though under age, and was
having a party at her house later that week. Mr. Ackerman seized the phone, the purse, the marijuana, fireworks
and told Fred, Johnny and Jane to wait in his office while he called the police.
45. Was Mr. Ackerman’s search of Fred’s locker lawful?
a.
No, he needed to first call the police to get a search warrant from a neutral and detached magistrate
based on his observations.
b.
Yes, Mr. Ackerman had reasonable suspicion that Fred was engaged in the sale of illegal drugs.
c.
No, the intrusiveness of the search exceeded his authority.
d.
Yes, there are no limitations on school searches.
46. Was Mr. Ackerman’s search of Johnny’s locker lawful?
a.
No, the search violated the Fourth Amendment.
b.
Yes, Mr. Ackerman had reasonable suspicion that Johnny possessed illegal drugs.
c.
Yes, the intrusiveness of the search was minor.
d.
No, school searches can only be conducted by law enforcement.
47. Was Mr. Ackerman’s review of Jane’s texts lawful?
a.
Yes, the search was consistent with the Fourth Amendment.
b.
No, school searches can only be conducted by law enforcement.
c.
Yes, Mr. Ackerman had reasonable suspicion that Jane possessed illegal drugs. and the text
messages were “plain view” evidence.
d.
No, Mr. Ackerman lacked reasonable suspicion.
Case 11.3
Jack has been released from confinement early and placed on probation. He found a job and rented an apartment
in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie
Stone. She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has
been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this
is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the
ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, “Sure, I have
nothing to hide.” Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is
revoked.
48. Was Parole Officer Stone’s search of Jack’s apartment lawful?
a.
No, just because someone has been convicted of a crime does not mean that they lose protections
under the Fourth Amendment.
b.
No, as this would violate Jack’s Fifth Amendment rights.
c.
Yes, Jack has a diminished expectation of privacy as a parolee.
d.
Yes, Jack loses all rights under the Constitution as a parolee.
49. Was Jack’s drug test obtained lawfully?
a.
Yes, Jack consented.
b.
Yes, taking urine samples does not fall under the Fourth Amendment.
c.
No, Stephanie lacked probable cause.
d.
No, under the Fourth Amendment, taking urine samples for drug testing is a seizure and therefore
would require a search warrant based upon probable cause.
50. Fourth Amendment protections are weaker when the government is conducting administrative functions that
are related to the ____________________ of government and the community.
special needs
51. The U.S. Supreme Court has created relaxed requirements for ____________________ warrants dealing
with fire, health, and safety regulations.
52. Searches of public school students by school officials on school grounds usually only require
____________________ suspicion.
53. The courts have approved both ____________________ and reasonable suspicion drug testing of peace
officers.
54. Public schools may randomly drug test student ____________________ as well as those involved in other
extracurricular activities.
55. Public schools may randomly drug test students involved in sports or other ____________________
activities.
56. Closely-____________________ businesses have less Fourth Amendment protection than other businesses.
57. In O’Connor v. ____________________, the Supreme Court allowed suspicionless searches in government
workplaces.
58. In Illinois v. ____________________, the Court upheld a roadblock to gather information about a hit-and-
run accident in that area
59. In U.S. v. ____________________, the Supreme Court upheld a suspicionless removal and search of a gas
tank of a vehicle seeking to cross the international border.
60. ____________________roadblocks, which encourage people to throw drugs out of their vehicles, have been
upheld by the courts.
61. Persons have fewer Fourth Amendment protections at the ____________________ as compared to the
interior of the country.
62. In United States v. Knights, the U.S. Supreme Court held that person on probation has a(n)
____________________ privacy interest that permits search based only on reasonable suspicion of criminal
activity.
63. Obtaining evidence from foreign countries is done through the use of ____________________ or MLATs.
64. The U.S. Supreme Court upheld the search by a probation officer of a parolee under a Wisconsin statute that
authorized searches on the basis of ____________________ suspicion.
65. Describe and discuss three examples of special needs searches. Be sure to provide examples.
66. What types of checkpoints have been approved by the U.S. Supreme Court? What types of checkpoints have
been disapproved by the Court? How does the Court distinguish checkpoints that are constitutional from those
that are not?
67. What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a
warrant or probable cause? Do you agree with the decisions of those courts? Explain your position.
68. Discuss the cases in this chapter relevant to border searches. Why are border agents free from the
requirement of probable cause or particular suspicion? Do you believe there is any “underlying” reason (besides
drug interdiction) for these searches? If your answer is yes, what do you think it might be? If no, why not?
69. Discuss the obstacles to obtaining evidence in foreign countries. How can the U.S. gather information and
evidence in another country? Include the MLATS as part of this discussion.
70. Discuss airport screenings from both the perspective of evidence being admissible and/or non-admissible in
court.
71. Discuss the three requirements for authorizing inspections without search warrants of closely regulated
businesses.
72. To what extent do parolees and prisoners have expectations of privacy protected by the Fourth Amendment?