Chapter 7: Inspections and Regulatory Searches

Question 1

This chapter covers ____________ and _________ ____________ searches.

There are 3 categories which make the two seem like one in the same search:

Answer 1

administrative; special needs

1. Searches are oftentimes not conducted by law enforcement.
   - conducted by independent public agencies.
2. agencies do not conduct these searches to collect / investigate evidence of crime.
3. Agencies don’t have to follow strict probable cause.

Question 2

____________ searches are carried out by ________ agencies to ensure that local ___________ are being followed. Other searches are carried out by _________ agencies to ensure codes are being followed regarding, say, _________ _________, or __________ ________ __________.

Answer 2

Administrative; govt; ordinances; federal; mine safety; nuclear power plants

Question 3

Administrative searches are mainly just to ensure public ____________ are being followed, usually with a ________ penalty, and in some minor cases a __________ penalty, if these rules aren’t followed. These searches are conducted to maintain the public __________, and do not require __________ ________ or a _________.

Answer 3

ordinances; civil; criminal; welfare; probable cause; warrant

Question 4

Special needs searches aren’t really conducted by __________ ___________. They range from ________ screeners, to __________, to _________ officers. They too are in the interest of maintaining the public _________, are not in the interest of investigating __________ ___________, and do not require a __________ or __________ ____________. Most of the time, they’re based on _____________ _________, but those carrying out special needs searches don’t have to _________ suspicion.

Answer 4

police officers; airport; teachers; probation; welfare; criminal activity; warrant; probable cause; reasonable suspicion; articulate

Question 5

Searches of ________ and _____________ are conducted by ___________ ___________ and law enforcement alike.

Answer 5

homes; businesses; administrative agencies

Question 6

Administrative inspections

Answer 6

searches performed by administrative agencies to ensure
-homes,
-apartments
-businesses,
- factories,
etc.
are following broad range of regulations.

Question 7

In Camara v. Municipal Court, (1967), the Supreme Court ruled that an ___________ allowing administrative ___________, conducted by admin. agencies, for ________, _________, ________ inspectors to enter a private residence w/o a ___________ based on __________ ____________violates the 4th Amendment, and leaves people w/ no protection against _____________ by administrative agencies.

Answer 7

ordinance; inspections; fire; housing; health; warrant; probable cause; intrusion

Question 8

The Supreme Court conceded that it’s almost impossible for an administrative agency to prove _____________ __________ that a specific building / home has a _____________. Even ____________ of a building sometimes don’t realize something like an _____________ malfunctioning. So, the Court ruled administrative agencies may get a warrant to search buildings / homes based on _____________-_________ _________.

Answer 8

probable cause; defect; occupants; elevator; modified-probable cause

Question 9

Modified-Probable Cause

Answer 9

• Administrative searches allowed to base their searches on a broader sense of probable cause rather than specific structures.

Allows admin agencies to conduct inspection searches of
- homes of a certain age and design,
or
- certain homes / buildings within an area of a city.

Question 10

Closely Regulated Business Exception

Answer 10

Exception to Warrant requirement

Warrantless probable cause searches are permitted when searching heavily regulated businesses.

Question 11

In New York v. Burger, (1987), Joseph Burger owned an automobile junkyard. Police showed up to the ___________, and found that Burger didn’t have the required ___________ to operate a _____________, and did not maintain the required __________ for _____________ and __________ parts. So the police inspected the junkyard, and found several __________ automobiles and vehicle parts. Burger was arrested on counts of lacking required ______________, and being in possession of ____________ property. The Court ruled, the officers have the right to conduct a ____________ - __________ _________ search under the _____________ _____________ ___________ exception.

Because automobile junkyards were subject to a number of administrative regulations and routine _____________, they qualified as __________ _________ ____________. The interest of police to ensure “auto-dismantlers” were not engaged in the _________ and __________ of __________ vehicles or vehicle parts outweighed the interest of the junkyard owner, Burger’s, privacy interest. Also his privacy interest were protected by adequate New York ordinances which said business is subject to inspections during business hours and limited to __________ , __________ , and __________ parts.

Answer 11

junkyard; license; junkyard; records; automobiles; vehicle; stolen; license; stolen; warrantless-probable cause search; closely regulated business

Question 12

Police may seize _________ in _______ _________ that they find during an ___________ inspection. If the police intend to launch a full blown _____________ investigation, then they must obtain a ___________ based on _______ ________, and may no longer rely on an administrative warrant (does this mean before they were relying on the modified p.c. warrant?).

Answer 12

evidence; plain view; administrative; criminal; warrant; probable cause

Question 13

Special needs searches are not meant to meet the needs of law enforcement. They’re intended to promote public ____________ and ____________. The ______________ of a special needs search is determined by balancing the ____________ of the govt against the ______________ rights of individuals. Special needs searches do not require a _________ or _________ _________.

Answer 13

safety; welfare; reasonableness; interest; privacy; warrant; probable cause

Question 14

Two Step Analysis of Special Needs Search

(Evaluating whether a search qualifies as a special needs search)

Answer 14

1. First Step: Does search meet some special need beyond the special needs of law enforcement.
2. Second Step: Reasonableness Test. Does the govt. interest outweigh the privacy interest of public.

• In case where probable cause / warrant would limit govt’s ability to conduct search, court holds that it’s reasonable for searches to be conducted on a lesser standard of reasonable suspicion or no articulable suspicion at all.

Question 15

Types of Special Needs Searches:

• Border Searches: searches may be conducted w/o __________ ___________ or __________ _________. Nonroutine searches must at least be based on ____________ _________.
• Automobile checkpoints: automobiles have to stop at checkpoints for ___________ safety.
• Airport Screening of Passengers: airport passengers’ belongings may be searched w/o ___________ _____________.
• Drug Testing in Workplace: When people work __________ jobs where ___________ safety of others is at risk, drug testing may be required w/o _________ ___________.
• School drug testing and Searches: drug testing of students may be conducted w/o __________ __________, but searches purses & backpacks requires _____________ _____________.
• Probationers and parolees: Anyone under __________ supervision has a diminished __________ of privacy. That said searches of probationers and parolees require _____________ __________.
• Prisoners: prisoners have zero ___________ of privacy in their cells, and their ________ may be searched w/o ____________ __________. Anyone who the prisoner comes in contact w/ outside of the prison is also subject to a __________.

Answer 15

probable cause; reasonable suspicion; reasonable suspicion

highway

reasonable suspicion

dangerous; public; reasonable suspicion

reasonable suspicion; reasonable suspicion

state; expectation; reasonable suspicion

expectation; cells; reasonable suspicion; search

Question 16

Border Exception

Answer 16

• Exception to Warrant requirement of the 4th Amendment.
• Law enforcement conducting searches at the U.S. border w/o reasonable suspicion is reasonable based on the U.S. interest in keeping criminal activity from entering the country.

The govt interest in keeping criminal activity from entering our borders far outweighs the minute interest of people seeking entry to the country.

Question 17

In Almeida-Sanchez v. US, (1973), the Supreme Court ruled the ____-________ border is not the only border of the United States. Court ruled that the border included ________ ___________ to the border : border (inspection) ___________ close to the border, the intersection of two _____________ leading from the border, and the landing area of a nonstop __________ from _________ territory into the U.S. is also the border. The Court ruled that while _________ ____________ were important for apprehending ____________ immigrants who evaded border inspection, stopping people _____ miles north of the U.S.-Mexico boarder w/o __________ ___________ is unreasonable, as people already _____ miles north of the boarder are too _________-________ from the area where inspection can be conducted without reasonable suspicion.

Answer 17

U.S.-Mexico; functional equivalents; station; highways; flight; foreign; roving patrols; undocumented; 20; reasonable suspicion; 20; far-removed

Question 18

In United States v. Brignoni-Ponce, (1975), the Supreme Court ruled that EXCEPT for the ________ and the ________ _________ of the __________, officers have a right to conduct searches of vehicles outside of the ___________ ONLY IF the officers have ____________ facts coupled with reasonable ___________ that would lead a reasonable person to conclude that a vehicle may contain people who are __________ in the country.

Answer 18

border; functional equivalent; border; border; articulable; inferences; illegally

Question 19

Routine Border Searches

Answer 19

The kind of search you’d experience at the airport: basic search of persons and luggage.

Doesn’t require articulable suspicion.

Question 20

Non-Routine Boarder Searches

Answer 20

Far more intrusive than routine search.

Strip searches, body searches, and X-rays.

Require articulable suspicion because of intrusion on dignity and privacy of individual.

Question 21

In United States v. Flores-Mantano, (2004), Manuel Flores-Mantano was at the border station as his car was being inspected.
The inspector suggested that the ______ tank sounded solid, and detached the ______ tank from ____. This took ~_____ minutes. Looking inside the tank, they found nearly 81 grams of cocaine. The Supreme Court ruled that the _______________ search of the ______ tank was not unreasonable because it was not ____________ of the drivers’ _________ or _________. They also ruled that inspecting the _______ tank will become increasingly important as inspections at the border continue.

Answer 21

gas; gas; car; 60; suspicionless; gas; intrusive; dignity; privacy; gas

Question 22

In U.S. v. Montoya de Hernandez, (1985), the Supreme Court ruled that ___________ someone for a prolonged period of time (but only as long as is __________ necessary) when officers have ___________ suspicion of someone smuggling __________ passed the border is reasonable.

Police had reasonable suspicion to believe Rosa Elvira Montoya de Hernandez, was smuggling _________ into the country through ________-filled __________ in her body. Hernandez was detained at the border, and police told her she would not be free to go until she consented to an ___-_____or _________ movement.

Eventually police obtained a court order allowing a __________ test, __-_____, and _________ examination by physician of Hernandez.
The rectal examination confirmed Hernandez had ______-filled __________, 88 in which she would pass later. She was arrested for trafficking drugs across the border.

The Court ruled that the _________ of the detention was not _____________, because the officers had __________ __________ (which allowed them to conduct a nonroutine search) and took as long as need to __________ that suspicion, especially as the border is where the _________’s interest is far heavier than the individual __________ rights of citizens.

Answer 22

detaining; reasonably; articulable; narcotics

narcotics; cocaine; balloons; X-ray; bowel

pregnancy; X-ray; rectal

cocaine; balloons

length; unreasonable; articulable suspicion; dispel; govt’s; privacy

Question 23

Motor Vehicle Checkpoint

Answer 23

fixed point where motor vehicles are stopped without articulable suspicion.

Question 24

In Deleware v. Prouse, (1979), the Supreme Court held that subjecting “_________ vehicle” to a stop, pulling over the motor vehicle, to check for a valid _________ registration without ____________ _______________ is unreasonable. The wholesale _______ ___________ of every driver on the road will lead to pulling several law abiding citizens over while only capturing very few who don’t follow the license requirement. Police should only perform these “_____ _________” on those they have reasonable suspicion to believe aren’t following registration. Court suggested ______________ all oncoming traffic at a road-block type stop is a better ______________.

Answer 24

every; license; reasonable suspicion; “spot checks”; questioning; alternative.

Question 25

In United States v. Martinez-Fuerte, (1976), the California Border Patrol established immigration ____________ (road-block style stops) along the San Clemente highway, 60 miles north of the border to Mexico.
Most people stopped at the checkpoint were __________ and went through the checkpoint. A small number of cars were diverted to a ______________ checkpoint at which they would be further _____________. Three people who had been arrested for illegal transportation of _____________ (undoc’d immigrants) said they were stopped by police at the checkpoint w/o _____________ ______________. Court ruled in favor of U.S., ruling that, for the balancing, test the need to keep ___________ out of the country as a part of the govt’s interest far outweighed the privacy interest of people entering the U.S.

The Court also ruled that traffic along the ___________ is too _________ for border patrol officers to be conducting ____________ ___________ stops, not only that but it’s virtually impossible to ensure the ______ million immigrants who enter the country are all undocumented, which they are. To really make sure none of them are undocumented, we would need these checkpoints on ______ highways leading from the boarder to enter into the United States.

Answer 25

checkpoints; questioned; second; interrogated; aliens; reasonable suspicion; aliens

highway; heavy; reasonable suspicion stops; 12; ALL

Question 26

In the Martinez-Fuerte, (1986), ruling, the Supreme Court found the reasonableness of checkpoints, as the governments interest in deterring ________ ____________ outweighed the minor intrusion on individual’s _____________ rights.

Now, we transition to Michigan Department of State Police v. Sitz. Michigan State police alongside university institute researchers established ____________checkpoints along state ______________. The Supreme Court held that these checkpoints were _____________ under the 4th Amendment. They held that _________ driving is responsible for thousands of ____________ annually, millions of __________ claims, and billions of dollars in _____________ damage. The __________ interest in ensuring on-highway drivers are ________ far outweighs the minimal ___________ associated with a stop at a checkpoint.

Answer 26

illegal immigration; privacy

sobriety; highways; reasonable; drunk; deaths; injury; property; govt; sober; intrusion

Question 27

In City of Indianapolis v. Edmond, (2000), the Supreme Court ruled that checkpoint programs whose general interest is in ____________ ____________, contravenes the _____th Amendment, and violates the ____th Amendment.
O’Connor reasoned that the Court has reasonably established checkpoint programs in different states in the past, where the govt’s interest to deter ___________ _____________ (Martinez-Fuerte), and to divert _________drivers from the road (Sitz) outweighed intrusion of individual ____________ rights. The Court held that they’ve never established a checkpoint program primarily interested in __________ ____________. By the respondents own admission their checkpoint program was meant to ___________ unlawful ____________. The Court is not prepared (reluctant) to create an exception to the general rule of _____________ suspicion so that the state can fulfill it’s general interest in ___________ _____________. Because the Indiana checkpoints were created for the purpose of intercepting unlawful ____________, it violates the 4th Amendment.

Answer 27

crime control; 4th; 4th; illegal immigration; drunk; privacy; crime control; interdict; narcotics; individualized; crime control; narcotics;

Question 28

Airport Screening

Answer 28

suspicionless examination of person and baggage before boarding a flight.

Question 29

During an Special needs airport screening, screeners will request that you remove __________ or other _________ items, and request you ___________ your ____________. Refusal to comply with these orders will result in screeners forcibly ______________ inside your __________. At that point you can’t opt out of the __________ by saying, “I’m no longer boarding the flight.” (At this point, you’ve already given officers reason to believe you may be a threat).

Answer 29

jewelry; metal; empty; pockets; reaching; pockets; search

Question 30

Various factors regarding the pre-boarding search:

• Security Threat: screening is done in response to potential ___________ to aircraft.
• Minimally Intrusive: __________ and ___-______ are ____________ intrusive. Search only becomes more intrusive when screeners are given reason to believe you have __________ or ______________.
• Effectiveness: pre-boarding procedures are reasonably related to deterrence of ______ _____________, and random procedures contribute to deterrence.
• Notice: individuals are warned that they will be ____________, and are not surprised once they’re required to submit to a screening before boarding an ______________.
• Abuse: because of the ___________ nature of the screening, abuse by screeners is limited, and bc every air ___________ has to go through the same screening, one is not meant to _________-out or ___________ anyone.
• Intrusiveness: intrusiveness is strictly ____________ by the need to combat ______________ to safety of aircraft.
• Avoidance: individuals must be given option to avoid search by ____________ to board the aircraft before entering the _____________ process.

Answer 30

threat

wanding; x-ray; minimally; weapons; explosives

air terrorism

screened; aircraft

public; passenger; single; humiliate

limited; threats

declining; screening

Question 31

In Corbett v. Transportation Security Administration, (2014), the 11th Circuit Court of Appeals held that the United States’ current measures taken during airport ______________ are reasonable: ______-________, __-_____, etc. The court ruled that the U.S. need not take the “___________ - intrusive” method of detection (Corbett argued pat-downs are unnecessarily intrusive). The interest in preventing air ____________, and keeping ____________ and ___________ away from boarding flights far outweighs the slight __________ of a minor ______-_______ or generic body search.

Answer 31

screenings; pat-downs; x-ray; least; terrorism; weapons; explosives; intrusion; pat-down

Question 32

In MacWade v. Kelly, 460 F.3d 260 (2d Cir. 2006) (2014), the 2nd Circuit Court of Appeals ruled that a _________ ___________ program implemented by New York to detect and deter ___________ and __________ attacks in the New York subway system constituted a special needs search and was reasonable under the 4th Amendment.

The court relied on the 2 step analysis of a __________ __________ search: 1) does the special needs search meet some _____________ need beyond that of ordinary criminal ____________?, and 2) was the search _____________; did the govt _________ outweigh the privacy interest of individuals to where the govt didn’t even need to express articulable suspicion?

The court judged the second factor based on 4 criteria: 1) _____________ of threat posed, 2) ___________ of privacy interest compromised by the search, 3) ____________ of intrusion posed by search, and 4) __________ of search in advancing govt interest.

The court ruled in favor of the respondents in that the Container Inspection Program was aimed at deterring ______________ bombings and held that purpose met a need _________ the that of ordinary __________ law. The program was not integrated to search people’s _____________ information, as the petitioner’s alleged, they were to deter existing and prevalent bombings which have devastated places like __________, ___________, and _____________. Officers are trained to search ONLY those ______________ that are sufficiently large enough to hold ____________. They are not allowed to read any __________ material, or request __________, ___________, or ___________ data.

In deciding the reasonableness, the Court said 1) the threat posed by ___________ were imminent, ruling in favor of the respondent, 2) a reasonable ____________ of privacy was compromised given that people have the expectation that their luggage won’t be grabbed or searched in an _____________ manner, ruling in favor of the plaintiffs, 3) The ___________ posed by the search was reasonable considering officers did not search anything but that which could conceal ______________, people entering were given proper ____________ that searches were being conducted and were given the opportunity to decline so long as they __________ the station, the search was ____________ so as to eliminate any potential ______________, ____________, or embarrassment, and the search took a matter of ____________. Finally the court ruled on the 4) ___________ of the search in favor of the respondent given that the constant _____________ of the inspection program made the searches _____________ to terrorist, enticing terrorist to find an ____________ target.

Answer 32

Container Inspection; bombings; terrorist

special needs; special; law; reasonable; interest

immediacy; nature; character; efficacy

terrorist; beyond; criminal; personal; Madrid; Moscow; London; containers; explosives; written; name; address; demographic

bombings; expectation; exploratory; intrusion; explosives; forewarning; left; public; stigmatization; humiliation; seconds

efficacy; variation; unpredictable; easier

Question 33

Supreme Court ruled that searching one’s __________, _____________, or ____________ is a search under the ___th Amendment as it intrudes upon some of the highest privacies of life, and reveals a number of ______________ facts about a person’s health (pregnancy, epileptic, diabetic).
The Supreme Court has decided that the govt interest in regulating the behavior of _______________ workers to ensure their ___________, who are in-charge of the public ___________ of others outweighs one’s individual ____________.

Answer 33

blood; urine; breath; 4th; private; railroad; sobriety; safety; privacy

Question 34

___________ and __________ alcohol test are ____________ intrusive, and those who are employed in ____________ regulated business have a ____________ expectation of privacy.

Answer 34

blood; breath; minimally; heavily; lower

Question 35

Workplace Drug Testing–another form of ___________ _________ searches–do not require a ___________, because by the time authorities obtain a ___________, evidence of ___________ or _____________ may be gone / destroyed. Also officers don’t need __________ ______________ during an inspection of ____________ or __________ in the workplace. This deters employees from dabbling in these substances because now a ___________ could happen at any time they’re on the job.

Answer 35

special needs; warrant; warrant; drugs; alcohol; articulable suspicion; drugs; alcohol; inspection

Question 36

Schools have ____________ authority over students during school hours, under the doctrine of __________ __________, which allow teachers to substitute as the __________ ________ when there is not parental authority around. The challenge of the Supreme Court has been to ___________ the right’s of ____________ against the authority exercised by _________ to accomplish their educational objectives.

Answer 36

unlimited; loco parentis; balance; students; teachers

Question 37

In New Jersey v. T.L.O., (1985), T.L.O. and the T.L. were caught ____________ on school campus at Piscataway High School. The students were taken to the Vice Principles office. T.L. confessed to smoking, but T.L.O ___________ it. The Vice principal took T.L.O.’s _________ and found a package of ___________, _________ paper; a smoking __________, pieces of ___________, a ________ of people who owed her money, and _________ indicating she was involved in drug dealing. T.L.O. faced ____________ charges, and her attorney filed motion to _________ evidence found in her purse.

The Supreme Court ruled the search of T.L.O.’s purse _____________, and said students are accorded the right against ___________ search and seizure. The reasonableness of the search, in the case of students, is not based on ___________ __________, but a balance between the _________/goal of the search against the ___________ of intrusion of a student’s __________.

While in some instances a search may be conducted to maintain the orderly conduct needed for learning, such searches may reveal ____________ items that intrude upon the student’s ___________.

Answer 37

smoking; denied; purse; cigarettes; rolling; pipe; marijuana; list; letters; delinquency; suppress

unconstitutional; unreasonable; probable cause; purpose; degree; privacy
personal; privacy

Question 38

Officers do not need a ____________ to conduct School searches, but must at least have __________ __________ to search one’s belongings.

Answer 38

warrant; reasonable suspicion

Question 39

In Safford Unified School District #1 v. Redding, (2009), the Supreme Court ruled that a ___________ search down to the ____________ and _______ are unreasonable under the 4th Amendment.

Assistant Principal Wilson had ______________ that Savanna Redding was engaged, alongside Marissa Glimes, of distributing contraband ____________ around school campus. Wilson had to reason to believe there was a connection between Redding and Glimes because of reports of their ____________, ____________ served at Savana’s house party, and _____________ being apart of a routy group during the August school dance where ___________ and ____________ were found.

Court reasoned that the exterior search of Redding’s ______________ was reasonable, as was the ____________ search conducted by school nurses. The Court reasoned from the T.L.O. ruling that it’s within the ____________ interest to school officials to be able to conduct searches based on a level of _____________ that stops short of ________________ _______________ (i.e. ____________ ____________).

The Court reasoned however, that having Redding comply with a ___________ search was woefully unreasonable as it failed to account for the reasonable ______________ of privacy of the student, and was humiliating, frightening, and embarrassing. The court reasoned that the level of _____________ has to match the degree of _______________. Suspicion based on over-the-counter and prescription-based drugs is not enough to match a search as intrusive as a ___________search.

Gleaming from the T.L.O. ruling, the Court established that a search by school officials shall not be ____________ if it is not excessively _____________ in light of the _______ and _______ of the student, and level of ____________.

Answer 39

strip; underpants; bra

suspicion; drugs; friendship; alcohol; Savana; cigarettes; alcohol

backpack; clothing; public; suspicion; probable cause; reasonable suspicion

strip; expectation; suspicion; intrusion; strip

unreasonable; intrusive; age; sex; infraction

Question 40

In Griffin v. Wisconsin, (1987), the Supreme Court ruled it is reasonable for _____________ officers to search the home of a _____________ for any _____________ items, when they have “_____________ g_________” (___________ ____________) to believe the ____________ is in possession of those items he’s prohibited from having.

Answer 40

probation; probationer; contraband; “reasonable grounds”; REASONABLE SUSPICION; probationer

Question 41

The Supreme Court explained in the Wisconsin v. Griffin case that Wisconsin’s ____________ system presents a “__________ _________” beyond ordinary law enforcement that justifies a ____________ from the normal __________-__________, _________ requirement.

Answer 41

probation; special need; departure; probable-cause; warrant

Question 42

Persons on probation are subject to a _____________ level of ___________ of privacy.

Answer 42

diminished; expectation

Question 43

An officer with ______________ ______________ that a __________ is engaged in _________ activity may conduct a ___________ search because there is enough ______________ to believe that there is ____________ conduct, where a search of a ___________ whose ___________ interest are already _____________ is reasonable.

Answer 43

reasonable suspicion; probationer; criminal; warrantless; likelihood; criminal; probationer; privacy; diminished

Question 44

Samson v. California, (2006) decided that _____________ searches of _____________ were permissible under the 4th Amendment.

Answer 44

suspicion less; parolees

Question 45

While prison officials are given great __________ to ensure security and ____________ inside the prison, ___________ still do retain some rights.

Answer 45

discretion; safety; prisoners

Question 46

In Hudson v. Palmer, (1984), the Supreme Court said the only place inmates can hide ________, __________, or any other form of contraband is in their cells. The needs to maintain the ___________ of the officers, prevent _________ within the prison, and frustrate ___________ plots requires that __________ have NO ___________ of privacy in their cells, if we are to maintain security and ___________ order.

Answer 46

weapons; drugs; safety; crime; escape; prisoners; expectation; internal

Question 47

Bell v. Wolfish, (1979) established that prisoners are subject to full body _________ searches, to prevent the ___________ of _______, ________, and other crime-related items.

Answer 47

cavity; concealment; drugs; weapons

Question 48

___________ searches may be conducted on people being detained in _________ or _________ as their case is being processed. This is to identify ___________ that may indicate ________ affiliation, and to prevent ___________ and ____________ from being introduced to the __________ population

Answer 48

strip; jail; prison; tattoos, gang; weapons; drugs; general

Question 49

Prisoners are given right to exercise of __________ freedom and worship, even if it means growing out a __/__ inch beard

Answer 49

religious; 1/2

Question 50

Basic searches (phones)

Answer 50

Conducted by Customs Boarder Patrol (CBP)

• Reveal password to CBP officers.
• Phone placed on airplane mode so officers don’t search anything in the cloud.
• Officers look through text, email, messages.

Conducted w/o reasonable suspicion or probable cause.

Question 51

Advanced Search (phones)

Answer 51

Conducted by CBP

conducted by when someone is in violation of immigration/other laws.

• Officers download lists of contacts and cross reference contacts on phone w/ govt list of suspects.
• Officers scan phone for child porn, and recover deleted content.

Don’t need probable cause or reasonable suspicion.

Question 52

California Penal Code (1/1/2023):

(d)(1): person arrested may be subject to __________ searches, ___________ detector searches, __________ scanners, and a thorough search of _____________ to unveil weapons, drugs, and contraband prior to being placed in a cell.

(e): Person held in custody for _____________ (not involving weapons, drugs, minors) shall not be subject to a __________ search or body ______________ search, unless officer has ____________ _____________ based on articulable facts, that the person is concealing ___________, ____________, or ____________, and a search would reveal these items.

Answer 52

strip; metal; body; clothing

misdemeanors; strip; cavity; reasonable; weapons; drugs; contraband