Administrative Searches
When is a warrant required for searches of private residences and commercial buildings?
Always
What are some industries where a warrant is required for searches?
Car leasing, general manufacturing
What is the justification for searches of airline passengers prior to boarding?
Consent or administrative search
What standard of probable cause is required for a valid administrative inspection warrant?
General and neutral enforcement plan
What is the justification for not requiring a warrant for searches of highly regulated industries?
Implied consent by entering the industry
What is the theory behind not requiring a warrant for searches of highly regulated industries?
Implied consent by entering the industry
What are some highly regulated industries where a warrant is not required for searches?
Liquor, strip mining, automobile junkyards
What are the three conditions for a school search to be reasonable?
Moderate chance of finding evidence, measures related to objectives, not excessively intrusive.
What is the justification for not requiring a warrant or probable cause for searches conducted by public school officials?
Nature of the school environment
Do jail officials need reasonable suspicion to subject a person to a strip search before admitting them to the general population?
No
Is a warrant or probable cause required for searches conducted by public school officials?
No
Is a warrant required for search of businesses in highly regulated industries?
No
Is a warrant required for the seizure of spoiled or contaminated food?
No
What did the SC uphold regarding warrantless searches of a parolee?
Permissible under a state statute due to diminished privacy expectation and heightened need.
What is the school district rule upheld by the court?
Random urinalysis drug testing for extracurricular activities.
What is necessary for searches conducted by public school officials?
Reasonable grounds for the search
Under what conditions is a warrantless search of a government employee's desk and file cabinets permissible?
Reasonable in scope and justified by work-related need or reasonable suspicion of misconduct.
What is the justification for strip searching a person arrested for a minor offense?
Safety concerns in jail
When can the police search an arrestee's personal belongings?
To inventory them before incarceration
When can government required drug testing be upheld without a warrant or probable cause?
When justified by special needs beyond law enforcement.
Have courts generally upheld searches of airline passengers prior to boarding?
Yes
Can a passenger avoid a search prior to boarding an aircraft?
Yes, by agreeing not to board
Can the police search closed containers within an impounded vehicle?
Yes, if part of an established department routine