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Criminal Procedure 8th Edition Test Bank – Joel Samaha

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CHAPTER SEVEN SPECIAL-NEEDS SEARCHES MULTIPLE CHOICE 1. a. b. c. d.

The Fourth Amendment: applies only to criminal cases. protects just those in criminal cases. limits the right to search to the gathering and use of evidence in criminal cases. includes searches which go beyond the needs of criminal law enforcement.

ANS: D 2.

a. b. c. d.

a. b. c. d.

OBJ: 1

Which of the following elements do the variety of special needs searches have in common?

I. They are directed primarily at citizens generally, not those suspected of crime.

II. Although they have a regulatory purpose they can result in criminal prosecution.

III. Their reasonableness depends on balancing special government needs beyond law enforcement and privacy.

IV. They require probable cause to be reasonable.

I, II, III, IV I, II I, II, III IV

ANS: C 3.

REF: 230

REF: 231

OBJ: 1

Which of the following searches are considered special needs searches?

I. airport searches II. consent searches III. inventory searches IV. automobile searches I, II, III, IV I, III, IV II, IV I, III

ANS: D

REF: 230

OBJ: 1

135

4.

a. b. c. d.

Which of the following has the Supreme Court identified as legitimate purposes for inventory searches?

I. protection of owners' property while in police custody II. to protect police from law suits III. to protect detained suspects from danger IV. for criminal investigation purposes I, II, III, IV I, II, III I, IV I, II

ANS: B 5. a. b. c. d.

a. b. c. d.

a. b. c. d.

REF: 232

OBJ: 2

In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman’s car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. The Supreme Court decided that: the search of the glove compartment violated the U.S. Constitution. the search of the glove compartment did not violate the U.S. Constitution because it was a legitimate inventory search. the search of the glove compartment violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Opperman’s glove compartment. the search of the glove compartment did not violate the U.S. Constitution because drugs were discovered in the glove compartment.

ANS: B 7.

OBJ: 2

In order to meet constitutional standards, an inventory search: must be conducted only at police impound lots. must be done pursuant to written, established, police department procedures. must leave no room for police officer discretion in the search. must involve only a “plain view” search of the interior and exterior of the item being searched.

ANS: B 6.

REF: 230

REF: 232-233

OBJ: 2

According to the Supreme Court, in order to conduct a routine search at the border, officers need: probable cause. a warrant. reasonable suspicion. no probable cause, reasonable suspicion, or a warrant.

ANS: D

REF: 234

OBJ: 3

136

Joan Smith is entering the United States at the Canadian border. Officers have reasonable suspicion to believe she is smuggling drugs. Which of the following searches of Joan may the officers lawfully conduct?

I. routine border search II. a strip search of her person III. a search of her handbag IV. a body cavity search a. I, II, III, IV b. I, II c. I, II, III d. I, II, IV 8.

ANS: C 9.

a. b. c. d.

REF: 234-235

OBJ: 3

With regard to the factual foundation required to support border searches: I. reasonable suspicion supports a strip search.

II. no warrant, probable cause, or reasonable suspicion is required for a routine border search.

III. probable cause is required for body cavity searches.

IV. none of the above I IV I, II, III II, III

ANS: C

REF: 234-235

OBJ: 3

10.

With regard to border searches, the U.S. Supreme Court has found that: a. any kind of border search can be made without any justification whatsoever. b. strip searches must be justified by probable cause. c. body cavity searches are never justified. d. the national interest in controlling the nation’s borders outweighs the invasion of

privacy caused by routine border searches.

ANS: D

REF: 235

OBJ: 3

11.

In determining the reasonableness of airport searches, courts: a. have not ruled on this matter. b. have held they entail minimal intrusions that apply to all passengers. c. have considered them to be private searches. d. have held that airports may conduct such searches to protect public safety, but the

fruits of the searches are inadmissible at a criminal trial.

ANS: B

REF: 236

OBJ: 4

137

12.

A special need that justifies airport searches is: a. protection of endangered species. b. protection of public health. c. protection from drug smuggling. d. protection for air travelers.

ANS: D

REF: 235

OBJ: 4

13.

Jail detainees, not yet convicted of a crime: a. cannot be searched until they are convicted. b. have the same Fourth Amendment protections as people not charged with a crime

because they presumed innocent until proven guilty. c. have the diminished Fourth Amendment rights and can be searched without probable cause. d. can be searched only if there is reasonable suspicion they are dangerous.

ANS: C

REF: 242

OBJ: 5

14.

Historically, before the second half of the Twentieth Century, U.S. prisoners: a. had almost no rights under the Constitution. b. have always been fully protected by the Constitution. c. have been protected by the Constitution if they plead guilty. d. have been protected by the Fourth Amendment in the privacy of their cells.

ANS: A 15.

a. b. c. d.

REF: 236

OBJ: 6

With regard to prisoners, the U.S. Supreme Court has held that: I. they are subject to full body searches without probable cause following contact with visitors.

II. their Fourth Amendment rights are diminished.

III. their Fourth Amendment rights remain totally intact.

IV. they are protected from prison shakedowns.

I, II, III, IV I, II II, IV III

ANS: B

REF: 236

OBJ: 5

138

16.

a. b. c. d.

Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search.

Such a search is: constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security. constitutional, because prisoners forfeit all Fourth Amendment rights. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.

ANS: A 17.

a. b. c. d.

a. b. c. d.

OBJ: 5

Which of the following prisoner searches conducted without probable cause do not violate the Fourth Amendment if they follow contact with visitors?

I. cell searches II. full body searches III. strip searches IV. body cavity searches I, II, III, IV I I, II, III I, II

ANS: A 18.

REF: 236

REF: 236

OBJ: 5

According to the court in Bull v. City and County of San Francisco (2010), involving strip searches of all arrested persons who were admitted to the general population at the San Francisco jail: the strip searches did not violate the Fourth Amendment. the reasonableness of strip searches requires probable cause that detainees are concealing weapons or contraband. strip searches can be conducted only if there is individualized reasonable suspicion. correctional officers must contact law enforcement for a warrant before a strip search can be conducted.

ANS: A

REF: 238

OBJ: 5

19.

Regarding probationers and parolees: a. both groups have the same Fourth Amendment rights as ordinary citizens. b. parolees can be searched without either probable cause or warrants. c. probationers can be searched without warrants but not without probable cause. d. the Fourth Amendment rights of probationers and parolees has not been addressed

by the courts.

ANS: B

REF: 242

OBJ: 6

139

20.

a. b. c. d.

The Fourth Amendment law concerning parolees and probationers: I. permits the arrest of parolees and probationers without a warrant or probable cause.

II. permits the search of a parolee's or probationer’s car without a warrant or probable cause.

III. permits the search of parolees and probationers without a warrant or probable cause.

IV. permits the search of a probationer’s or parolee’s home without a warrant or probable cause.

I, II, III, IV III, IV II, III, IV I, II, IV

ANS: A 21.

a. b. c. d.

a. b. c. d.

OBJ: 6

The need for prison and jail security permits searches without probable cause or a warrant of: I. prisoners.

II. pretrial detainees.

III. employees of the prison.

IV. visitors to the prison.

I, II, III, IV I, II, III I, II I

ANS: A 22.

REF: 242

REF: 236

OBJ: 5

The Supreme Court in Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that: the warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment the searches do not violate the Fourth Amendment because the incidence of cocaine use among pregnant women has created a special need. the searches do not violate the Fourth Amendment if doctors suspect the mother is using cocaine. the searches violate the Fourth Amendment because they are conducted by health care professionals and not law enforcement.

ANS: A

REF: 252

OBJ: 9

140

23.

a. b. c. d.

Which of the following have courts adopted to justify the diminished Fourth Amendment rights of parolees and probationers?

I. Parolees are under constructive custody and hence do not have full Fourth Amendment rights.

II. Probation is an “act of grace” giving the government the power to impose conditions that infringe upon Fourth Amendment rights.

III. Consent to search is part of the “contract” of release.

IV. Probationers are legally “dead” after conviction and have no rights.

I, II, III, IV I, II I, II, III IV

ANS: C

REF: 242

OBJ: 6

24.

To do a body cavity search at an international border, which of the below is needed? a. probable cause b. reasonable suspicion c. individualized suspicion d. a written set of procedures ANS: A

REF: 235

OBJ: 3

25.

In Samson v. California (2006), the Supreme Court ruled that: a. a police officer is prohibited from conducting a suspicionless search of a

parolee. b. a police officer is not prohibited from conducting a suspicionless search of a

parolee. c. a police officer can conduct a suspicionless search of a parolee if the parolee is

searched in a public place. d. a police officer must have reasonable suspicion in order to search a parolee.

ANS: B

REF: 244

OBJ: 6

26.

DNA testing of incarcerated felons: a. has been declared unconstitutional by the courts that have considered it. b. has been found to be constitutional by the U.S. Supreme Court. c. has been found to be constitutional by the courts of appeal that have

considered it. d. has not yet been addressed in any court opinions.

ANS: C

REF: 241-242

OBJ: 5

141

27.

a. b. c. d.

According to the Supreme Court's decision in New Jersey v. T.L.O., involving the search of a student's purse, school officials (at least those officials supervising students junior high age or younger) may search the possessions of a student under their authority: only with a search warrant. based on probable cause that the student has broken the law or a school regulation. based on reasonable suspicion alone. without a warrant at any time, for any reason, and without individualized suspicion.

ANS: C

REF: 256

OBJ: 1

28.

In regard to school searches, the Supreme Court has declared: a. school officials may conduct a search of the outer clothing of all persons found on

school property. b. while in school, children have no reasonable expectation of privacy. c. the legality of the search of a student should depend on the reasonableness, under all circumstances, of the search. d. the Fourth Amendment does not protect university students in administrative searches.

ANS: C 29.

a. b. c. d.

REF: 257

OBJ: 1

Concerning student searches conducted by public school officials, the Supreme Court has held: I. the Fourth Amendment’s prohibition on unreasonable searches and seizures applies to searches conducted by school officials.

II. children, while in school, possess a reasonable expectation of privacy.

III. school officials are exempt from the Fourth Amendment.

IV. school officials are held to the requirement that searches be based on probable cause.

I, II, III, IV I, II I, II, IV III

ANS: B

REF: 256

OBJ: 10

30.

According to State v. Ellis, searches of college dormitory rooms: a. are not protected by the Fourth Amendment. b. by university officials require reasonable suspicion. c. are governed by the same standards for searches of elementary and high school

students. d. do not require a warrant or probable cause when conducted by university residence

hall staff officials for health and safety reasons.

ANS: D

REF: 247-249

OBJ: 7

142

31.

The special need used to justify employee drug testing is directed mainly at: a. employees who may endanger public safety while under the influence of illegal

drugs. b. employees who may be smuggling and/or selling illegal drugs while employed. c. preventative government civil liability. d. criminal law enforcement in general.

ANS: A 32.

a. b. c. d.

a. b. c. d.

a. b. c. d.

REF: 249-250

OBJ: 8

In National Treasury Employees Union v. Raab, concerning a Customs Service drug testing program, the Supreme Court: upheld the entire Customs Service testing program. upheld only the testing of employees who carried weapons. did not uphold any of the program. held that part of the program requiring testing of all employees who handled classified material was unconstitutional.

ANS: D 34.

OBJ: 8

In National Treasury Employees Union v. Von Raab, (1989) concerning the drug testing program of the U.S. Customs Service, the Supreme Court held: I. drug testing of a government employee can be done only if the government has probable cause to think the employee is using drugs.

II. the compelling government need to protect the integrity of the drug interdiction program outweighed the privacy interests of Customs employees.

III. testing of a government employee can be done only if the government has reasonable suspicion to think the employee is using drugs.

IV. a special need may justify departure from the ordinary warrant and probable cause requirements.

I, II, III, IV I, II, IV II, IV I

ANS: C 33.

REF: 258

REF: 250

OBJ: 8

In National Treasury Employees Union v. Von Raab, involving the employee drug testing program in the U.S. Customs Service, Justice Scalia dissented in part because he: believed that drug testing federal employees does not constitute a search. thought all Customs employees should be tested, not just those carrying firearms. failed to see any real problem demonstrated by the government that would be solved by the drug testing program. distrusts the reliability of urinalysis tests.

ANS: C

REF: 250

OBJ: 8

143

35.

The Supreme Court ruled in Vernonia v. School District of Acton (1995): a. drug testing of students participating in athletic programs violates the Fourth

Amendment. b. drug testing of student athletes must be consensual in order to comply with the Fourth Amendment. c. random, suspicionless drug testing of student athletes does not violate the Fourth Amendment. d. the Fourth Amendment does not apply to drug testing of students.

ANS: C

REF: 256

OBJ: 10

TRUE/FALSE 1.

The right against unreasonable searches and seizures is limited to criminal suspects.

ANS: F 2.

OBJ: 2

REF: 231

OBJ: 2

REF: 231

OBJ: 2

The special need justifying routine border searches is the right to control who and what comes in and leaves the country.

ANS: T 7.

REF: 231

The need to protect police from possible danger is not a justification for inventory searches.

ANS: F 6.

OBJ: 1

The Supreme Court has ruled that inventory searches are not Fourth Amendment searches.

ANS: F 5.

REF: 230

The objective basis for inventory searches consists of following routine procedures in compiling the inventory.

ANS: T 4.

OBJ: 1

The Supreme Court has not applied the Fourth Amendment to “special needs” that aren’t directly related to criminal law enforcement.

ANS: F 3.

REF: 231

REF: 234

OBJ: 3

The border search exception allows searches at international borders without warrants or probable cause.

ANS: T

REF: 234

OBJ: 3

144

8.

According to the Supreme Court, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.

ANS: T 9.

REF: 247-249

OBJ: 7

REF: 246

OBJ: 7

REF: 249

OBJ: 8

Criminal law enforcement is not the purpose of employee drug testing.

ANS: T 15.

OBJ: 3

Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.

ANS: T 14.

REF: 235

The Supreme Court has not addressed the extent to which the Fourth Amendment protects university students in their dorm rooms.

ANS: T 13.

OBJ: 6

According to the court in State v. Ellis, involving a search of a dormitory room at a public university, administrators may never enter students’ rooms for any purpose without probable cause.

ANS: F 12.

REF: 236

The border search exception does not allow the warrantless opening of mail coming into the country.

ANS: F 11.

OBJ: 10

Probationers and parolees have diminished Fourth Amendment rights.

ANS: T 10.

REF: 257

REF: 250

OBJ: 8

Special-needs searches can never result in prosecution and conviction.

ANS: F

REF: 231

OBJ: 1

COMPLETION 1.

Government inspections and other searches not conducted to gather criminal evidence are known as searches.

ANS: special-needs

REF: 230

145

OBJ: 1

2.

Searches that consist of compiling lists of property in government custody are ______________ searches.

ANS: inventory 3.

OBJ: 3

REF: 232

OBJ: 2

REF: 255-256

OBJ: 7

REF: 237

OBJ: 5

Searches at international borders are reasonable even without warrants or probable cause under what is called the ________________.

ANS: border search exception 10.

REF: 235

Routine, unannounced cell searches for weapons and contraband are called _____________ searches.

ANS: shakedown 9.

OBJ: 3

The principle by which the government stands in the place of parents is _________.

ANS: in loco parentis 8.

REF: 235

The requirement that law enforcement officers follow written, departmental procedures when conducting inventory searches is called the _____________________.

ANS: routine-procedure limit 7.

OBJ: 3

Body cavity searches at the border are reasonable only if authorities have ____________.

ANS: probable cause 6.

REF: 234-235

The objective standard necessary to justify a strip search at the border is _____________.

ANS: reasonable suspicion 5.

OBJ: 2

Searches of persons and property at the border of the United States to control who and what comes in and goes out are know as _______________ searches.

ANS: border 4.

REF: 231

REF: 234

OBJ: 3

The safety and security of travelers are the special needs that justify ___________.

ANS: airport searches

REF: 235-236

146

OBJ: 4

ESSAY 1.

Why are inventory searches reasonable even without warrants or probable cause, identify the special needs satisfied by inventory searches, and what substitutes for probable cause as the objective basis for inventory searches?

Inventory searches are reasonable, even without warrants or probable cause, because they are not searches for the purpose of gathering evidence to prosecute crime.

Inventory searches satisfy three special needs not related to searching for evidence of a crime: (1) To protect owners’ property while it is in police custody. (2) To protect law enforcement agencies against lawsuits for loss, destruction or theft of owners’ property. (3) To protect law enforcement officers, detained suspects, and offenders from the danger of hidden bombs, weapons, and illegal drugs.

The presence of routine, department-approved, written procedures by which inventory searches must be conducted takes the place of probable cause for inventory searches. Following routine procedure provides some objective basis, because the procedures apply to all inventory searches.

Routine procedures also keep law enforcement officers from searching on a ruse and from going too far in making the inventory.

2.

Identify four characteristics all special-needs searches have in common.

Special-needs searches have the below characteristics in common: (1) They are directed at people generally, not criminal suspects specifically. (2) They can result in prosecution and conviction. (3) They don’t require warrants for probable cause. (4) Their reasonableness depends on balancing the special government need against invasion of individual privacy.

3.

Identify the special need for searches of prisoners and prisoners’ expectation of privacy.

The special need for prisoner searches is to maintain prison and jail security, safety, and discipline. This special need must be balanced against the invasion of prisoners’ substantially reduced expectation of privacy.

The United States Supreme Court has held that a prisoner does not have a reasonable expectation of privacy in a jail cell, and that a search of the cell is not covered by the Fourth Amendment.

However, full-body, strip, and body-cavity searches of prisoners are covered by the Fourth Amendment. Depending upon the need, these searches may be conducted without probable cause or reasonable suspicion

147

Criminal Procedure 8th Edition Test Bank – Joel Samaha

4.

Why don’t searches of probationers and parolees require warrants or probable cause to be reasonable?

There are multiple explanations for why searches of probationers and parolees don’t require warrants or probable cause to be reasonable. These explanations are listed below: (1) Some courts say that because probationers and parolees are still in custody and conditional release is a privilege, not a right, one of the conditions of this privilege is to be searched at the discretion of the State.

(2) Some courts say these searches without warrants or probable cause are consent searches; probationers and parolees sign and agree to these searches in their “contract of release.”

(3) Some courts adopt a balancing approach to searches of probationers and parolees. Probation and parole are risks taken to help rehabilitate convicted offenders. Laws to protect society from further crime reducing Fourth Amendment protections for probationers and parolees are reasonable.

5.

Why are searches of high school students reasonable without warrants or probable cause?

Searches of high school students are reasonable without warrants or probable cause because the Supreme Court has held that, in the context of a school setting, the Fourth Amendment must strike a balance between students’ reasonable expectation of privacy and a school’s legitimate need to maintain a healthy learning environment. Requiring school officials to have probable cause before searching students and to additionally get warrants would be too excessive given the need for quick disciplinary action by school officials in the high school setting. Therefore, reasonable suspicion alone is enough to conduct the search, and a warrant is not required.

148

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