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administrative searches: admin searches by health and safety inspectors constitute significant intrusions upon interests protected by 4A. Such searches, without a warrant, lack traditional safegaurds to protect 4A rights.
PC must exist to issue warrant to issue warrant for inspection of dwelling if reasonable legislative or administrative standards for conducting area inspection are satisfied with respect to particular dwelling. |
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administrative warrants: closely regulated business may be inspected without warrant if 3 conditions are met:
(1)regulatory scheme must advance a substantial interest (such as to protect the health and safety of workers)
(2) warrantless searches must be necessary to further that interest. (this can be met by showing that requiring a warrant would allow subjects of regulation to conceal violations and thereby frustrate the administrative system).
(3)ordinance or statute allowing warrantless inspection must provide adequate substitute for the warrant, such as rules that limit the discretion of inspectors regarding time, place, and scope. |
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investigation while fighting fire: entry to fight fire requires no warrant, once in the building officials may stay for a reasonable time to investigate cause.
thereafter additional inquiries to investigate must be made pursuant to a warrant governing administrative searches.
evidence of arson discovered in course of such investigation is admissible, but if officials find PC to believe arson and require further access to gather evidence for possible prosecution, they may obtain warrant only upon traditional showing of PC applicable to searches for evidence of crime. |
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investigating after fighting fire: if reasonable expectations of privacy remain in fire damaged building (i.e. if still inhabitable, not completely destroyed) search directed to cause and origin is subject to warrant requirement. (admin warrant will suffice if primary objective is to determine cause and origin, but criminl warrant is required when objective is to gather evidence of criminal activity)
once fire investigators determined the cause, additional search requires warrant (because it could only be for the purpose of finding evidence of arson). |
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4A does not allow random suspicionless stop (roving patrol) and search of motorist stopped as part of a license and registration check.
(court suggests checkpoint maybe allowed) |
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substitute for individualized suspicion: seizure of a person must be based on individualized suspicion or be carried out pursuant to a plan embodying explicit neutral limitations on the conduct of individual officers.
in the absence of individualized suspicion (using neutral criteria)there is a three part test:
(1)the gravity of public concern served by seizure
(2) the degree to which the seizure advances the public interest
(3) the severity of the intrusion on individual liberty.
(here officer observed suspicious individual in alley. D would not identify himself. police did not have reasonable articulable individualized suspicion, and seizure (stopping D to identify himself) was not carried in a neutral way, thus seizure was not reasonable). |
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sitz: upholding sobriety checkpoints based on roadway safety (used brown's test: 1-drunk driving grave concern, 2-1.6% DUI arrest rate at checkpoint enough to further interest. 3- intrusions //(a)objective-20 sec; (b)subjective-fear and anxiety suffered be normal law-abiding citizens as a result of the stop // are minimal.
Indinapolis v. Edmonds: striking down drug interdiction checkpoints. LOOK AT THE PRIMARY PURPOSE!!! the primary purpose cannot be ordinary crime control or to find evidence of crime.
IL v. Lidster: upholding checkpoint seeking voluntary cooperation in investigation by asking for information regarding a recent hit and run on the highway. (brief stop, seeking voluntary information, not looking for evidence that anyone stopped necessarily committed crime but rather information about some other unknown criminal, police have always been able to seek the help of the public). |
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extraordinary intrusive searches-medical surgery: surgical intrusion to recover bullet (as evidence) was unreasonable under 4A where surgery would require D be placed under general anesthesia and had medical risks (although slight) and no compelling need to recover the bullet in light of other evidence (and not medically necessary).
but see schmerber allowing removal of blood (with needle) to test for alcohol. |
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| allowing warantless/suspicionless UAs of some gov employees (like subway drivers): compelling government concern for safety outweighs employee interest in privacy thus allowing UA if conducted pursuant to administrative regulations to detect drug or alcohol use. |
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| drug testing of customs agents: custom's drug-testing program subject to reasonableness under 4A, but did not require a warrant, and suspicionless testing of agents applying for promotion to positions involving interdiction of drugs was reasonable under 4A |
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| gov employees have privacy interest in gov issued phones (or pagers) but permitted search of text messages sent on city pager under special needs analysis. |
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| informed consent a factor that might render tests reasonable. (testing women applying for medical care who were suspected of drug use, allowed when "special needs" other than normal law enforcement needs provide sufficient justification). |
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lesser standard of reasonable suspicion justifies for search of school children.
privacy interests outweighed by substantial need to maintain order in schools. does not require PC, but rather legality of search should depend on reasonableness, under all the circumstances, of the search. |
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| allows UAs of highschool athletes. not violation of 4A. |
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allows UAs of students involved in any extracurricular activities:
testing reasonable means of furthering school's important interest in preventing and deterring drug use. Also testing was not related to law enforcement (results not turned over to police) thereby lessening privacy invasion. |
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reasonable suspicion does not justify strip search of student.
more info:
(but law was not previously established so officials were entitled to qualified immunity) |
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