DISCUSSION BOARD QUESTION
Miranda.ozuna
CrimProSamahaChap7.pptxCriminal Procedure
10th Edition
Joel Samaha
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“Special Needs” Searches
Chapter 7
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Beyond Criminal Law Enforcement Searches
The U.S. Supreme Court has applied the Fourth Amendment to a wide range of searches that go beyond criminal law enforcement to meet “special needs.”
Special needs searches doesn’t mean that these searches are totally unrelated to law enforcement.
Some searches done for “special needs” purposes reveal evidence of criminal activity.
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Special needs Searches
Special needs searches include:
Inventory searches
International border searchers
Airport searches
Custody-related searches
Employee drug testing
Student searches (high school or college)
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Characteristics of Special Needs Searches
Special needs searches share four common characteristics:
They’re directed at people in general, not specific criminal suspects or defendants.
They can result in criminal prosecution and conviction.
They don’t require warrants or probable cause.
Their reasonableness depends on balancing special government needs against invasions of individual privacy.
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Inventory Searches (slide 1 of 2)
Based on a reliable call, officers went to a scene with a report of men with guns. At the scene, one man got in his car and was stopped. During the patdown, a gun was found and he was arrested.
When his car was given an inventory search, crack cocaine was found, and he was ultimately convicted of possession with intent to deliver cocaine and sentenced to 197 months imprisonment. See United States v. Fields (2010, 7th Cir.)
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Re-ordered slides
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Inventory Searches (slide 2 of 2)
Inventory searches involve examining and listing peoples’ personal property and containers held in government custody.
A container is anything used to hold peoples’ stuff.
The containers are visually inspected, and items within are listed before being put away for safekeeping.
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Reasonableness of Inventory Searches
The reasonableness of an inventory search depends on satisfying two elements:
Balancing interests
Protection of owner’s stuff while in police custody
Protection of law enforcement against lawsuits for loss, destruction, or theft of owner’s stuff
Protection of law enforcement against dangerous items/contraband that may be hidden in owner’s stuff
Objective basis
Based on routine procedures, not probable cause or reasonable suspicion (routine-procedure limit)
Still allows for discretion
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International Border Searches
The border search exception maintains that searches at international borders are reasonable even without warrants or probable cause.
Based on government interest to protect who and what comes into the country.
Strip searches for contraband and weapons require reasonable suspicion.
Body-cavity searches require probable cause.
The Supreme Court has found that controlling our international border outweighs limited invasions of individual privacy.
The Court also pointed out that the same Congress which passed the Bill of Rights had specifically allowed for searches on the borders.
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Airport Searches
According to the U.S. Supreme Court, airport searches are reasonable without reasonable suspicion or probable cause.
Searches are done for security and safety of air travelers.
Special needs to search outweighs the minimal invasion of privacy.
All people are notified in advance of possibility of searches.
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Custody-Related Searches
People entering or within areas of correctional supervision may be searched without warrants or probable cause—and sometimes without any individualized suspicion.
Includes inmates, detainees, visitors, workers, probationers, parolees…
Such people have a reduced expectation or privacy.
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Prisoner Searches
The special need to maintain safety, security, and discipline within correctional facilities outweighs the intrusion.
Hudson v. Palmer (1984): “Imprisonment carries with it the loss of many significant rights.”
Full-body, strip, and body-cavity searches may be done without probable cause or a warrant.
Padgett v. Donald (2005): Incarcerated felons can be required to provide a sample of DNA for analysis and storage in a data bank.
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Probationers and Parolees (slide 1 of 2)
Probationers and parolees have diminished Fourth Amendment rights because:
Custody. Even though they are not incarcerated, they are still in state custody.
Consent. They have agreed in a “contract” for their release to searches/seizures.
Balancing. Protecting society against recidivism outweighs limited invasion of their privacy.
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Probationers and Parolees (slide 2 of 2)
Probationers and parolees have diminished Fourth Amendment rights.
Some courts see conditional release as a privilege, not a right—a conditional liberty.
Searches of probationers’ homes only require reasonable suspicion.
Parolees’ homes can be searched without warrants or individualized reasonable suspicion.
Parolees have fewer expectations of privacy than probationers.
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Searching People Not Charged with Any Crime
The Supreme Court has yet to interrogate the issue.
How does the balance ideal apply to people in custody without criminal charges?
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Searching College Students’ Dormitory Rooms
U.S. Supreme Court has never ruled on validity of searches of dorm rooms.
Important to recognize the difference between public colleges and private colleges.
Fourth Amendment only applies to government officers…
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Employee Drug Testing In the Workplace
Searches to uncover employee drug use through drug testing:
are directed at the special need to reduce the danger to public safety caused by pilots, bus drivers, railway engineers, and others who work while they’re under the influence of alcohol and other drugs.
are reasonable for certain public employees, even without individualized suspicion or warrant, provided that they are conducted according to administrative regulations.
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Prenatal Drug Testing in Hospitals
Many jurisdictions have started prenatal drug testing in hospitals, with women who test positive for drugs often being arrested.
The Supreme Court has not ruled on its validity, but, it was not uncommon.
But, some courts have stated that if law enforcement is the purpose, it must be done with a warrant.
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Student Drug Testing in High Schools
Veronia School District v. Acton (1995): It is reasonable for a school to randomly drug test students who voluntarily participate in its athletic programs.
Board of Education v. Earls (2002): Expanded the reasonableness of drug testing to all students involved in all school activities.
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Deleted slides based on new LO
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Student Searches
Minors lack some of the fundamental rights enjoyed by adults, including the right to be left alone by the government. This is especially true while they’re in school.
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