Transcript “Special Needs” of government

Chapter 11
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“SPECIAL NEEDS” SEARCH & SEIZURE
ISSUES
Special needs of the GOVERNMENT to
ensure public safety
Special “regulatory” needs
Private businesses are NOT covered by
the 4th amendment provisions.
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Examples of “Special” searches
Security Screening at Airports,
Courthouses, and public buildings
or places
 Border searches, customs and INS
 Roadblocks, DUI “Checkpoints”
 Drug trafficking? K-9’s?
 Fire, Health, Motor Vehicle,
Education, Housing, inspections
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Circumstances where special needs
would justify suspicion-less highway
stops
Detecting drunk drivers
 Verifying driver’s licenses and vehicle
registration
 Intercepting illegal aliens on border
highways
 Apprehending fleeing criminals
 Thwarting terrorist activity or attack
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Evidence is admissible if obtained during an
administrative function under the “Special
Needs” of government
 In
1987, the U.S. Supreme Court held
that…
 “Probable cause standard is
Peculiarly related to criminal
investigations” and
 “ may be unhelpful in analyzing the
reasonableness of routine
administrative functions”.
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Thousands of administrative
searches and functions are
conducted everyday by local, state,
and federal employees.
 The majority of these employees are
not law enforcement officers.
 They are not conducting criminal
investigations but are conducting
administrative functions that are
related to the special needs of the
government and the community.
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Examples of searches without
probable cause or search warrants of
“Closely regulated businesses”
 Search
warrants are generally
required for the administrative
searches of commercial
properties. However search
warrants are not required for
searches of “closely regulated”
industries.
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U.S Supreme Court in 1987 case of
New York v. Burger, 482 U.S.691,
107 S.Ct.2636.
3 requirements are needed:
1. There must be a “substantial”
government interest that informs
the business operator of the
“regulatory scheme” to which the
inspection is to be made.
2.
The inspection without a search warrant
must be “necessary to further the
regulatory scheme”
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3.
The regulatory law must perform
the two basic functions of a
search warrant
(a)
It must advise the business
owner that a search is to
be made pursuant to the
law
(b) The law must limit the
discretion of the inspecting
officers
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Drug Testing?
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With or without “reasonable suspicion?”
Private business may test employees without it!
Government Employees must be tested under
three conditions: (w/reasonable suspicion)
To ensure that the employee has
“unimpeachable integrity and judgment.”
To Enhance Public Safety
Protecting truly sensitive information
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Work-Related searches in
government offices
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Private employers may make work-related
searches of employees’ desks, files, and
company-owned computers as they wish.
Public supervisors have wide latitude to
search public employee’s offices, desks,
and files without a search warrant or
probable cause.
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Ortega Rule
 Work
Related Searches in Public
Safety or Government Offices
 Wide Latitude to search but…
 Greater justification needed to
search “personal items.”
 Briefcase, handbag, backpack,
etc.
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