Chapter 11

Class Discussion Question

  1. The U.S. Supreme Court set a much lower standard for obtaining a fire, health, or housing inspection search warrant.  Put yourself in the position of a landlord, and come up with at least three reasons why you would not want to give consent for inspectors to view your property.  Conversely, put yourself in the position of a tenant and come up with at least three reasons why you would want the inspectors to have permission to search. What should be the over-riding consideration when issuing these types of search warrants?

Chapter 11

Chapter Review Questions

  1. Describe and discuss three examples of special needs searches. Be sure to provide examples.
  • What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a warrant or probable cause?
  • What types of checkpoints have been approved by the U.S. Supreme Court? What types of checkpoints have been disapproved by the Court? How does the Court distinguish checkpoints that are constitutional from those that are not?
  • Discuss the cases in this chapter relevant to border searches. Why are border agents free from the requirement of probable cause or particular suspicion?  What is the “underlying” reason (besides drug interdiction) for these searches?
  • Discuss the obstacles to obtaining evidence in foreign countries. How can the U.S. gather information and evidence in another country? Include the MLATS as part of this discussion.
  • Discuss airport screenings from both the perspective of evidence being admissible and/or non-admissible in court.
  • Discuss the three requirements for authorizing inspections without search warrants of closely regulated businesses.
  • To what extent do parolees and prisoners have expectations of privacy protected by the Fourth Amendment?

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