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Chapter 11

Evidence is Admissible if Obtained During an Administrative Function Under the ‘Special Needs” of Government. Chapter 11. I. Special Needs Exception to Warrant Requirement. A. Involves agencies other than law enforcement B. Warrant and/or probable cause not required.

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Chapter 11

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  1. Evidence is Admissible if Obtained During an Administrative FunctionUnder the ‘Special Needs” of Government Chapter 11

  2. I. Special Needs Exception to Warrant Requirement A. Involves agencies other than law enforcement B. Warrant and/or probable cause not required

  3. II. Recognized Special Needs Exceptions A. Security screening at airports and other public facilities B. Fire, Health, and Housing Code Enforcement C. School searches on reasonable suspicion D. Drug testing public employees without probable cause or search warrant 1. Two bases a. Random drug testing b. Drug testing on reasonable suspicion 2. Random drug testing of public high school students

  4. II. Recognized Special Needs Exceptions (cont’d) E. Searches of closely regulated businesses without warrants or probable cause F. Work related searches in government offices (O’Connor v. Ortega-1987) G. Vehicle checkpoints (roadblocks) 1. DWI 2. Drug or general law enforcement 3. Obtaining information from public 4. Border searches 5. Sham roadblocks

  5. III. Correctional Programs and the Privilege Against Self-Incrimination A. Sexual assault treatment programs B. No violation even if no immunity provided (McKune v. Lile-2002)

  6. IV. Other Special Needs Exceptions A. Probationers and parolees B. Illegal aliens C. Jails and prisons

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