CRJU 350 Lecture Notes - Lecture 9: Reasonable Suspicion, Body Cavity Search
- Wife-husband: only one consent = no consent, absent b/c detention = absent
- Hotel-clerk: can’t consent
- Landlord: can’t consent to search tenant’s
- Garage: risk of consent (give key)
- Roommate: yes, consent over shared area, not exclusive control
Inventory search:
- Search car, clothings DO NOT need PC/Warrant
- Purpose:
- False claim
- Theft by police
- Safety
- Confirm ID
- Requirement: standard, procedure search
- Search to investigate, not inventory = illegal, suppression of evidence
Chapter 7
Administrative Searches & Special Needs Searches
- Purpose is NOT to discover evidence of crime
- No warrant or reasonable suspicion needed
Administrative Searches & Inspections
- Search homes for safety hazards based on Modified Probable Cause
- Modified Probable Cause: more general than typical/specific search warrant
- Apply closely regulated business exception
Special Needs Searches
- Ex: border search, automobile checkpoints, airport screening, work/school drug test,
probation/parole search, prisoner/cell search
- Special need beyond ordinary requirement of law enforcement, not to investigate crime
- Reasonable
Border Exception
- Routine searches at international border
- Functional equivalent of the border (border station, highways lead to border)
- Routine: airport screening
- Nonroutine: body cavity search/ involuntary x-ray, needs reasonable suspicion
Motor Vehicle Checkpoints
- Search with notice (sign), for public safety
- Narcotics checkpoint: if clearly to discover crime, NOT permitted
Airport Screening
- Public safety purpose
- In public, can be avoided
Workplace Drug Testing: pilots, police, firefighters, bus drivers, train engineers
Schools:
- Search in high school no warrant needed, but Reasonable Suspicion is required.
- Drug testing: no Reasonable Suspicion required
Document Summary
Wife-husband: only one consent = no consent, absent b/c detention = absent. Roommate: yes, consent over shared area, not exclusive control. Search car, clothings do not need pc/warrant. Search to investigate, not inventory = illegal, suppression of evidence. Purpose is not to discover evidence of crime. Search homes for safety hazards based on modified probable cause. Modified probable cause: more general than typical/specific search warrant. Ex: border search, automobile checkpoints, airport screening, work/school drug test, probation/parole search, prisoner/cell search. Special need beyond ordinary requirement of law enforcement, not to investigate crime. Functional equivalent of the border (border station, highways lead to border) Nonroutine: body cavity search/ involuntary x-ray, needs reasonable suspicion. Search with notice (sign), for public safety. Narcotics checkpoint: if clearly to discover crime, not permitted. Workplace drug testing: pilots, police, firefighters, bus drivers, train engineers. Search in high school no warrant needed, but reasonable suspicion is required.