1. A(n) _____ is a routine inspection of a home or business by governmental authorities responsible for determining
compliance with various statutes and regulations.
a.
regulatory search
b.
administrative search
c.
Barlow search
d.
probable cause search
Administrative Search Warrant
2. A search ordinarily must be based on individualized suspicion of wrongdoing. but particularized exceptions to the
main rule are sometimes warranted based and are most associated with _____.
a.
b.
c.
d.
Special Needs Searches
3. The Customs Service requires employees seeking transfers or promotions to certain positions within the service to
submit to urinalysis testing. What has the Court found with respect to this requirement?
a.
The Court upheld the policy of the Customs Service.
b.
The Court upheld the policy of the Customs Service, but only under certain narrowly tailored circumstances.
c.
The Court ruled that the regulations were unconstitutional.
d.
The Court upheld the policy of the Customs Service, but only if the employee signed a consent form.
Special Needs Searches
4. Law enforcement has the authority to hold established roadside sobriety checkpoints _____.
a.
only in instances of particularized suspicion
b.
without a warrant or particularized suspicion
c.
only if a warrant has been issued
d.
without a warrant, only if there is particularized suspicion
Special Needs Searches
5. Which statement about the privacy and property rights of students while on school grounds is true?
a.
Students have no Fourth Amendment protection.
b.
Students have no expectation of privacy while on school property.
c.
Students have the full protection of the Fourth Amendment on school grounds.
d.
Searches and seizures must be based on reasonable grounds.
d
Special Needs Searches
CPCJ.FERD.16.6.3
6. Determining the reasonableness of any search involves determining whether _____.
a.
the action was justified at its inception
b.
the warrant was valid on its face
c.
the person was cooperative during the interference
d.
a physical arrest was made in the process
Administrative Search Warrants
7. Which statement about searches and seizures related to college students is most accurate?
a.
If law enforcement initiates an investigation of a student and gains access to the student’s room through public
or private university officials, the search is valid and the evidence seized is admissible.
b.
If police enlist school officials to participate in a criminal investigation and get them to act on their behalf,
then the school officials will be deemed state actors for Fourth Amendment purposes.
c.
In general, the Fourth Amendment protects students at both private and public colleges and universities from
searches conducted by school officials.
d.
Even if a private college or university has a policy that allows unannounced searches of students’ rooms to
determine compliance with school policies, evidence in plain view cannot be turned over to police.
b
Special Needs Searches
CPCJ.FERD.16.6.2
8. There is _____ at any U.S. borders or their functional equivalents, such as airline terminals or cruise ship terminals.
a.
no reasonable expectation of privacy
b.
reasonable expectation of privacy
c.
little use for the Constitution
d.
greater expectations of privacy
Special Needs Searches
9. Random, non-intrusive manual searches of airline passengers and passenger belongings for weapons or explosives is
_____.
a.
unconstitutional
b.
acceptable only in exigent circumstances
c.
inherently biased and inflammatory
d.
not a violation of the Fourth Amendment
Special Needs Searches
CPCJ.FERD.16.6.3
10. Federal law and the law of ______ states now provide for collection of DNA samples from criminal offenders.
a.
forty-four
b.
forty-seven
c.
forty-nine
d.
fifty
d
Special Needs Searches
CPCJ.FERD.16.6.2
11. Applying the reasonableness standard of the Fourth Amendment to special needs searches allows _____.
a.
warrantless searches only when there is reasonable suspicion
b.
searches regardless of their efficacy in advancing government interests
c.
only searches that involve “hands–off” intrusions on privacy
d.
warrantless, suspicionless searches in some circumstances
d
Special Needs Searches
CPCJ.FERD.16.6.2
12. Probation officers need _____ that a probationer is engaged in criminal activity before conducting a search of a
probationer’s home.
a.
a warrant based on probable cause
b.
reasonable suspicion
c.
probable cause
d.
a warrant based on reasonable suspicion
b
Special Needs Searches
CPCJ.FERD.16.6.3
13. With respect to warrantless searches of government employees, _____.
a.
the courts apply a probable cause standard
b.
imposing warrant procedures on supervisors would be unreasonable
c.
public employees have no legitimate expectation of privacy
d.
courts allow personal property in the employee’s home to be included
b
Special Needs Searches
CPCJ.FERD.16.6.2
14. To properly apply the “special needs” doctrine, which circumstance must be present?
a.
Probable cause must exist.
b.
The search must not be undertaken with the goal of criminal prosecution.
c.
A warrant must be issued authorizing the search.
d.
There must be clear evidence of life and death circumstances.
Special Needs Searches
15. Key to the reasoning in Vernonia, which examined drug testing for student athletes in high school, was that _____.
a.
participation in extracurricular activities like school sports is an essential component of education
b.
the already diminished expectation of privacy in the school setting was even lower for student athletes
c.
professional athletes are also required to take random drug tests, establishing a precedent
d.
the courts have already held that suspicionless drug testing passes muster for public school students in general
Special Needs Searches
16. Which statement about searches of student belongings by university officials and/or police is true?
a.
Police cannot legally gain access to a student’s living quarters for the purpose of searching, even if they have
permission of university administration, unless they have a warrant issued.
b.
The Fourth Amendment protects students at private universities and colleges from searches conducted by
school officials.
c.
The Fourth Amendment does not protect students at public universities and colleges from searches conducted
by school officials.
d.
Students at public and private universities have no expectation of privacy.
Special Needs Searches
17. Police cannot legally gain access to a student’s living quarters on a private university for the purpose of searching,
even if they have permission of university administration, unless they have a warrant issued. Why is this statement true?
a.
Because the search is conducted by police, the purpose is a criminal investigation.
b.
Because the university is private, not public.
c.
Because college and university students are afforded absolute protection from unwanted searches and seizures.
d.
Because there is no distinction in Fourth Amendment law between private and public universities.
Special Needs Searches
18. Searches and/or seizures conducted at fixed or functional border locations are governed by the principle that _____.
a.
the officer have probable cause
b.
the officer have reasonable suspicion
c.
they be conducted by an officer employed by the FBI
d.
they be conducted in a reasonable manner
d
Special Needs Searches
19. In the case of Safford Unified School District v. Redding (2009) the school officials who conducted the search of
Savana Redding’s undergarments were searching for _____.
a.
pills
b.
a weapon
c.
marijuana
d.
crib sheets used for cheating
Special Needs Searches
20. Which statement about the opinion of the Court in Safford Unified School District v. Redding (2009) is true?
a.
The Court ruled that the definition of a “strip search” includes who was looking and how much was seen.
b.
The Court ruled that the school officials exceeded the scope of a reasonable search.
c.
The Court ruled the strip search to be unconstitutional.
d.
The Court ruled that, in this instance, there was no strip search.
b
Special Needs Searches
CPCJ.FERD.16.6.2
21. The U.S. Supreme Court decisions in both United States v. Montoya de Hernandez (1985) and United States v. Flores-
Montano (2004) concerned border searches. The earlier case involved a search of a person, whereas the more recent case
related to a vehicular search. Which of the following most accurately reflects the decisions in these two cases?
a.
Reasonable suspicion is required for both person and vehicle searches at a border checkpoint.
b.
No level of suspicion is required for either a vehicle or a person search occurring at a border checkpoint.
c.
Reasonable suspicion is required for a more invasive search of a person at a border checkpoint, whereas no
level of suspicion is required for a vehicle search.
d.
Reasonable suspicion is required for a search of a vehicle at a border checkpoint, whereas no level of
suspicion is required for a person search.
Special Needs Searches
22. Vernonia was expanded to include all students participating in extracurricular activities by the Supreme Court
decision in Board of Education of Ind. School District 92 of Pottawatomie County v. Earls, (2002). On what did Ginsburg,
in part, base her dissent?
a.
Students who participate in extracurricular activities are significantly less likely to develop substance abuse
problems than are their less involved peers
b.
Students who participate in extracurricular activities must already incur substantial financial costs, and drug
testing would incur even more.
c.
Extracurricular activities already have enough of their own rules and procedures to which the student body as
a whole is not subjected.
d.
While such testing might be acceptable for students who participate in competitive activities such as band
contests, it is not appropriate for others.
Special Needs Searches
23. To date, on each instance that an appellate court has considered the constitutionality of DNA testing statutes, the court
has ruled the statutes to be _____.
a.
an unconstitutional violation of the 4th Amendment
b.
an unconstitutional violation of the 5th Amendment
c.
an unconstitutional violation of the 6th Amendment
d.
constitutional
Special Needs Searches
Bloom’s: Understand
24. If evidence of criminal activity is discovered during the course of a valid administrative search and the evidence is
readily viewable by the inspector, the evidence _____.
a.
cannot be seized even if a warrant is obtained
b.
cannot be seized without first obtaining a warrant
c.
may be immediately seized because probable cause is not necessary in an administrative search
d.
may be immediately seized under the plain view doctrine
Administrative Search Warrants
Bloom’s: Understand
25. Prior to the U.S. Supreme Court cases of Camara v. Municipal Court and See v. City of Seattle decided in 1967,
administrative searches were _____.
a.
not considered to be true searches
b.
not subject to review by appellate courts
c.
subject to the warrant requirement
d.
not subject to the warrant requirement
Special Needs Searches
Bloom’s: Understand
26. The U.S. Supreme Court has further clarified that warrantless searches of closely regulated enterprises are reasonable
if they satisfy certain criteria, including _____.
a.
“substantial” government interest in supporting a regulatory scheme
b.
past warrantless searches having found evidence or safety violations
c.
the industry being among the top five producers of gross domestic product
d.
the need to be flexible in what defines the scope of a search
Administrative Search Warrants
27. For a search of a probationer’s home by a probation officer to be considered an administrative search and not a
criminal search, _____.
a.
the probation officer must have probable cause to believe that a crime was committed
b.
the probation officer must be pursuing probation-related objectives and not acting on behalf of the police
c.
the probation officer must have an exact idea of what he or she is looking for and what crime has been
committed
d.
the search must have been prompted by information personally observed by the probation officer
b
Administrative Search Warrants
CPCJ.FERD.16.6.1
28. The only substantive restraint on the searches of objects that occur at a fixed or functional border of the United States
is that they be _____.
a.
limited in scope to areas immediately accessible to the owner
b.
based on probable cause
c.
based on reasonable suspicion
d.
conducted in a reasonable manner
d
CPCJ.FERD.16.6.2
29. Police and fire officials are investigating a fire. Assume that a reasonable expectation of privacy remains in the
premise and that no exception to the warrant requirement applies. Officials want to search the premises after the fire has
been fully extinguished. The only purpose of the search is to determine the cause and origin of a recent fire. Which
statement is true?
a.
Officials need an administrative search warrant.
b.
Officials need a criminal search warrant.
c.
Officials need neither an administrative nor a criminal search warrant.
d.
Officials need both an administrative and a criminal search warrant.
Administrative Search Warrants
30. In response to the terrorist attacks on September 11, 2001, cities across the United States took steps to increase
security to protect buses, trains, ferries, and other forms of public transportation from terrorist attack. To date, the courts
_____.
a.
have been antagonistic toward these measures
b.
have been supportive of these measures
c.
have refused to review appeals from these cases
d.
have not been asked to address this issue
b
Special Needs Searches
CPCJ.FERD.16.6.2
31. An administrative search is an inspection of a home or business with the specific purpose of determining compliance
with various statutes and regulations.
a.
True
b.
False
True
Administrative Search Warrants
CPCJ.FERD.16.6.1
32. Once an administrative search focuses on gathering evidence for a criminal prosecution, a criminal search warrant
must be obtained or the search must satisfy an exception to the warrant requirement.
a.
True
b.
False
True
Administrative Search Warrants
CPCJ.FERD.16.6.1
33. Michigan Department of State Police v. Sitz ruled unconstitutional a Michigan program that established roadside
sobriety checkpoints without a warrant or particularized suspicion.
a.
True
b.
False
False
Special Needs Searches
CPCJ.FERD.16.6.2
34. All states permit probation officers to conduct warrantless, suspicionless searches of persons on probation.
a.
True
b.
False
False
Special Needs Searches
CPCJ.FERD.16.6.2
35. When school administrators search for contraband in the schools, it is important to remember that the Fourth
Amendment applies, but the warrant requirement does not.
a.
True
b.
False
True
Special Needs Searches
CPCJ.FERD.16.6.2
36. Because the search guidelines for college students are so vague and inconsistent, few generalizations can be made.
a.
True
b.
False
True
Special Needs Searches
CPCJ.FERD.16.6.2
37. The Fourth Amendment clearly applies to searches and seizures conducted on the campuses of public colleges and
universities.
a.
True
b.
False
True
Special Needs Searches
CPCJ.FERD.16.6.2
38. Even at the borders of the United States, there is a reasonable expectation of privacy that has to be observed by the
government.
a.
True
b.
False
False
Special Needs Searches
CPCJ.FERD.16.6.2
39. With respect to drug testing of government employees, in order for the “special needs” doctrine to apply, the
employee must be engaged in high-risk work, safety-sensitive tasks, or immediately aid in drug interdiction efforts.
a.
True
b.
False
True
Special Needs Searches
CPCJ.FERD.16.6.2
40. The “special needs” doctrine is an exception to the warrant requirement of the Fourth Amendment, but not the
probable cause requirement.
a.
True
b.
False
False
Special Needs Searches
CPCJ.FERD.16.6.2
41. The line between an administrative and a criminal search sometimes blurs. In distinguishing between them, it is
important to look at the search’s __________ and competing __________.
42. Fire investigations often require both __________ searches and __________ searches because they serve several
different purposes and present varying degrees of emergency.
43. In the case of __________, the court upheld Customs Service regulations requiring employees seeking transfers or
promotions to certain sensitive positions within the agency to submit to urinalysis testing .
44. Federal law and the law of all fifty states provide for the collection of __________ samples from criminal offenders.
45. Once an administrative search focuses on gathering evidence for a(n) __________, a search warrant must be obtained
or the search must satisfy an exception to the warrant requirement.
46. To protect public safety, governmental entities have sometimes required their employees to submit to drug testing.
The Supreme Court has allowed these practices under circumstances that satisfy the requirements of the __________.
47. In City of Indianapolis v. Edmond (2000), the Supreme Court invalidated a program in which a warrantless highway
checkpoint had been established to discover and interdict __________.
48. Physical searches of students and their possessions may be conducted by school officials without a warrant based
merely on __________ grounds.
49. “Special needs” exceptions are evaluated under the __________ standard of the Fourth Amendment.
50. Warrantless searches are allowed for certain licensed and __________ industries.
51. What is a permissible justification for a roadside checkpoint? Give examples of a permissible and an impermissible
justification.
52. In the context of the Fourth Amendment, explain the differences between students who participate in extracurricular
activities and those who do not participate in such activities.
53. Relate the circumstances under which a government entity can require employees to submit to drug testing.
54. Explain the differences between a criminal search and an administrative search.
55. Define what is meant by a special needs search. Provide a minimum of two examples.
56. Relate the Court’s decision in the Ferguson v. Charleston (2001) case. What was the essential problem with the
hospital’s policy?
57. Describe the Court’s decision in the Safford Unified School Dist. v. Redding (2009) case. What were the Court’s
reasons for declaring the search unreasonable?
58. Explain how the rights of a college student differ, with respect to the Fourth Amendment, depending upon whether the
student is enrolled at a public or private university.
59. Describe how the events of September 11, 2001 impacted government use of the “special needs” doctrine to justify
intrusions of individual privacy.
60. Assume that a regulatory inspector is conducting a justified, routine inspection of a tightly regulated business. The
inspector, while standing in a spot that he has a legal right to be in and without moving anything, sees evidence of
criminal activity. What are the options of the inspector?