19. Checkpoints in Administrative Searches.

Question 1

Checkpoints are detentions not based on individual suspicions

Answer 1

For this reason, they are authorized only in special situations

Question 2

Checkpoints and administrative searches

Answer 2

Are permitted in areas requiring height and security as long as notice is provided to citizens

Question 3

Attempts to avoid an administrative search that has begun

Answer 3

Provides reasonable suspicion to detain in frisk

Question 4

Administrative searches must be

Answer 4

Regulated by a policy and not just a sign posted Plymouth county correctional facility example

Question 5

General crime, control, checkpoint

Answer 5

Supreme Court and SJC ruled these are unconstitutional

Question 6

Temporary checkpoints

Answer 6

To solicit public information about a recent serious crime, the court determined this is permissible

Question 7

Checkpoints to determine impaired drivers

Answer 7

A sobriety checkpoint is a limited intrusion justified by compelling need in the public interest in reducing high fatalities. This is a relatively minor intrusion on personal liberty.

Question 8

To promote safety at public demonstrations

Answer 8

Potential violence at a public rally and counter protest, justified a well advertised police administrative search

Question 9

Fleeing felon checkpoint

Answer 9

In a swiftly developing situation, a roadblock to apprehend a dangerous fleeing felon is appropriate

Question 10

Closely regulated businesses

Answer 10

The fourth amendment and article 14 allow warrantless administrative searches of closely regulated businesses.

The failure of a business, owner or agent to cooperate with an administrative inspection can be a crime.

Officers may engage in an administrative inspection even if they are suspicious that criminal activity is occurring on the premises, however, they may not use their administrative power to seek evidence unrelated to their administrative authority

Question 11

Once a closely regulated business reveals evidence of a crime

Answer 11

Authorities must stop and obtain a search war

Question 12

Closely regulated businesses; pharmacies

Answer 12

Pharmacies are part of a heavily regulated control substance industry. Police may inspect premises with an administrative warrant, or sometimes without a warrant.

Question 13

Motor vehicle dealers

Answer 13

Warrantless inspections are permitted at dealer locations, see page 19–6

Question 14

Motor vehicle dealer inspections

Answer 14

The attorney, general state police, colonel Boston, PD, commissioner chief of police of any city or town, or any author officer authorized by one of them may enter license premises to examine vehicles parts and records.

Question 15

Commercial vehicle operators

Answer 15

Police officers certified may perform Random inspection by qualified federal motor carrier, safety administration officers

Question 16

Dealers in firearms

Answer 16

Ledger must be open at all times to inspection

Question 17

Innkeepers

Answer 17

Any hotel or motel must maintain a guest register if the room is occupied five or more members of a group one person‘s information can be entered on their behalf recorders must be kept for one year and provided on demand for inspection to the police. Police may no longer demand records and charge an innkeeper for noncompliance, unless they first obtained legal process.

Question 18

Pawn brokers

Answer 18

Entry authorized at any time to inspect business. A state trooper may enter at any time. The chief of police must authorize their officers of the city town.