Criminal Procedure: Chapter 6

1. was conducted reasonably related to the scope surrounding the circumstances that justified the interference 2. whether the action was justified at its inception

Determining reasonableness involves and inquiry as to whether search:

DNA samples

Federal law and the law of all fifty states now provide for collection of ______ from criminal offenders

State general

Ferguson v. Charleston was compared to skinner, von raab, and chandler, and found the invasion of privacy here far more substantial than in previous cases because the special needs in the prior cases were divorced from the ______ interest in law enforcement

Special needs doctrine

To properly apply the "____" the search must be undertaken with the goal of criminal prosecution

Special needs search

What are evaluated under the reasonableness standard of the 4th amendment?

Treasury employees union v. Von raab

What case upheld custom services regulations requiring employees seeking transfers or promotions to certain sensitive positions within the service to submit to urinalysis.

Ferguson v. Charleston

What case was compared to skinner, von raab, and chandler, and found the invasion of privacy her far more substantial than in the previous cases because the special needs in the prior cases were divorced from the states general interest in law enforcement

Mich. State police v. Sitz

What case was the supreme court upheld a michigan program that established roadside sobriety checkpoints without a warrant or particularized suspicion

Some special need

What searches may be lawfully conducted without a warrant upon a showing of reasonable suspicion?

State v. Kappes

What type of case is an administrative search?

Boarder

What type of searches are arguably the ultimate special needs search?

Appellate

Which court has adressed the constitutionality of a state or federal DNA testing statute has upheld the constitutionality of the law?

probation and parole

___ and ___ may work with police officers providing the correctional personnel are pursuing probation or parole-related objectives

constitutional reasonableness

a search ordered by a school official, even if justified at its inception, crosses the boundary of ______, if it becomes excessively intrusive

plain view doctrine

evidence of criminal activity discovered during the course of a valid administrative search may be seized under the ____.

probation related objectives

for search of probationers home by to be an administrative search and not a criminal search pc must be pursuing _______

pc

need reasonable grounds not necessarily for ____

criminal

once an administrative search focuses on gathering evidence for a criminal prosecution, a ___ search warrant must be obtained or the search warrant must satisfy an exception to the warrant requirement.

reasonable suspicion

physical searches of students and their possessions may be conducted by school officials without a warrant based merely on _______

4th amendment

the ___amendment clearly applies to searches and seizures conducted on the campus of public colleges and universities.

reasonableness

the court applied a ____ standard: rather than a pc standard for legitimate work-related. This determination is to be made on a case-by-case basis by balancing these factors:

1. work area in question was given to employee exclusive use 2. the extent others had to the work space 3. nature of employment 4. whether the office regulations placed employee on notice that certain areas were subject to employer intrusions

the court applied a reasonabless standard: rather than a pc standard for legitimate work-related. This determination is to be made on a case-by-case basis by balancing these 4 factors:

nature

the court held that the probable cause standard for administrative searches differs in ___ and in less stringent than the standard for criminal searches.

inconsistent

the law of search and seizure in the college and university setting is downright ____.

reasonable grounds

the privacy and property rights of students while on school grounds search and seizures must be based on _______

without a warrant

the supreme court upheld a Michigan program that established roadside sobriety checkpoints _____ or a particularized suspicion:

special needs doctrine

the us supreme court has consistently recognized the ____as an exception to the warrant and probable cause requirements of the 4th amendment where special needs of the government "beyond the need for law enforcement make the warrant and probable cause requirement impracticable.

1. a substantial government must support scheme 2. warrantless inspections necessary to further scheme 3. the regulatory statute must provide a constitutionally adequate scheme

the warrantless inspections of licensed and closely regulated enterprises are reasonable if they satisfy these 3 criteria's:

special needs

to properly apply the "_____ doctrine the search must not be undertaken with the goal of criminal prosecution

drug testing

to protect public safety, governmental entities have sometimes required their employees to submit to _____

jurisdiction

warrantless searches of probationers and parolees will depend on the law of the particular _____.

logical reason

warrantless, random, suspicionless testing of students by school officials for controlled substances based on any seemingly _____ appear to be constitutionally valid tools to combat teenage drug and alcohol use

pc

warrants may be required but ___ requirements is less stringent than for criminal searches.

plain view doctrine

what allows evidence of criminal activity discovered during the course of a valid administrative search to be used to establish pc to obtain a criminal search?

administrative search

what is a routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations?

protecting public safety

what is among the highest of governmental priorities?

warrants

what may be required but pc requirements is less stringent than for criminal searches?

warrant

when school administrators search for contraband in schools, 4th amendment applies, but ___ requirements does not

factors courts

who considers when applying test of governmental v. individual interest?

us supreme court

who reversed earlier decisions and held that administrative inspections were subject to the warrant requirement of the 4th amendment?

scotus

who ruled that a drug testing program for student athletes was constitutionally permissible.

student athletes

who's expectation of privacy is diminished even further, than non extracurricular students in the general student body

False (no violation)

T/F If routine screening in a airport or courthouse reveals contraband, its an 4th amendment violation

True

T/F In both airports and courtrooms warrantless, suspicion less searches are permissible?

False (not subject)

T/F Pre-1967- administrative searches are subject to 4th amendment and warrant not needed to do inspections

True

T/F searches and or seizures conducted at fixed or functional border locations are governed by the principle that they be conducted in a reasonable manner.

True

T/F there is no reasonable expectation of privacy at any of the u.s. borders or their functional equivalents

True

T/F these decisions established reasonable suspicion is required for a search of a person at a border checkpoint, whereas no level of suspicion is required for a vehicle search.

Montoya Hernandez

= search of person

Flores montana

=vehicular search