1. Chapter 11 “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.

2. 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

3. 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

4. In 1987, the U.S. Supreme Court held that…
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”.

5. 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.

6. 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.

7. U. S Supreme Court in 1987 case of New York v. Burger, 482 U. S
U.S Supreme Court in 1987 case of New York v. Burger, 482 U.S.691, 107 S.Ct.2636.
3 requirements are needed:
There must be a “substantial” government interest that informs the business operator of the “regulatory scheme” to which the inspection is to be made.
The inspection without a search warrant must be “necessary to further the regulatory scheme”

8. The law must limit the discretion of the inspecting officers
The regulatory law must perform the two basic functions of a search warrant
It must advise the business owner that a search is to be made pursuant to the law
The law must limit the discretion of the inspecting officers

9. Drug Testing? 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

10. Work-Related searches in government offices
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.

11. 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.