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SC CRJU 203 - Automobile Inventory Searches

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Automobile Inventory searchesIf your vehicle is impounded (left for a short amount of time; maybe you have a flat tire and you need to get help, or your car ran out of gas and you need to get more) and you leave it for a little bit, officers can look and searchOfficers are allowed to take an inventory search of everything in the carThe officer that is doing the search has rules and regulations about the searchDifferent states have different rules for car searchesThere are written standardized rules thoughThe reason they do the inventory is because officers are always accused of stealingIt protects your property and it protects law enforcementIt might lead to evidence and then they are allowed to take that evidenceSearches at the BorderThere are different rules when entering the countryThe 4th amendment doesn’t protect someone from border searchesBorder officers have jurisdiction from 100 miles from the borderWhen you’re actually at the border:They can search you randomly, they are allowedThere are check points from the border people go through when exiting/ entering the country: If it’s a border check point they don’t need any level of evidence to stop the carIf they want to search the car at a check point, they do need probable causeThey can stop the car at a check point, but there must be probable cause to SEARCH the carRoving border control- officers drive around and look for suspicious activityWhether it is people that have contraband or people coming over the borderThey can not stop you unless they have reasonable suspicionThey can not search without probable causeAdministrative Searches based on Special Needs (Regulatory Searches)If there are special needs beyond mere law enforcementNJ vs. TLOPublic school students do have a reasonable expectation of privacy but if there are special needs, school officials can still search purses, back packs etc.Having the school get a search warrant will take too much time to get and the evidence might disappearDrug Testing is a searchCan high schools drug test students?Courts have said student athletes can be drug testedAnd now not only athletes but also anyone that is involved in extra circularsSafety reason- if students are going to be involved with the school they must drug testDrug testing politicians?UnconstitutionalThey can search for one thing but find something else that won’t necessarily be illegal but privatePregnant womenIf it is a public prenatal program they must have probable cause or reasonable suspicionIf they have no reason they can not randomly drug test a pregnant womenTesting of transportation workers/ any workersIf employers find that their employees are testing positive and working on transportation ways, they are automatically firedNot taken to court or anythingThose employers have the right to randomly drug test the employeesBecause that person that is working on some transportation way cannot be high or under the influence because of the safety of others that will use those waysFire InspectionsThe gov’t inspects before, during and after firesEven during the fire, firemen can search for the reason or cause of the fireAfter the fire they can search for the reason of the fire as wellCRJU 203 1st Edition Lecture 12Outline of Current Lecture I. Automobile Inventory Searches II. Searches at the Border III. Administrative Searches Based on Special Needs (Regulatory Searches)a. Is drug testing a search?IV. Drug Testing of Transportation Workers V. Fire Inspections Current Lecture Automobile Inventory searches - If your vehicle is impounded (left for a short amount of time; maybe you have a flat tire and you need to get help, or your car ran out of gas and you need to get more) and you leave it for a little bit, officers can look and search - Officers are allowed to take an inventory search of everything in the car - The officer that is doing the search has rules and regulations about the search - Different states have different rules for car searches - There are written standardized rules though - The reason they do the inventory is because officers are always accused of stealing o It protects your property and it protects law enforcement - It might lead to evidence and then they are allowed to take that evidence Searches at the Border - There are different rules when entering the country - The 4th amendment doesn’t protect someone from border searches - Border officers have jurisdiction from 100 miles from the border - When you’re actually at the border:o They can search you randomly, they are allowed These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o There are check points from the border people go through when exiting/ entering the country: If it’s a border check point they don’t need any level of evidence to stop the car o If they want to search the car at a check point, they do need probable cause o They can stop the car at a check point, but there must be probable cause to SEARCH the car - Roving border control- officers drive around and look for suspicious activity o Whether it is people that have contraband or people coming over the border o They can not stop you unless they have reasonable suspicion o They can not search without probable cause Administrative Searches based on Special Needs (Regulatory Searches) - If there are special needs beyond mere law enforcement NJ vs. TLO Public school students do have a reasonable expectation of privacy but if there are special needs, school officials can still search purses, back packs etc. Having the school get a search warrant will take too much time to get andthe evidence might disappear o Drug Testing is a search Can high schools drug test students?- Courts have said student athletes can be drug tested - And now not only athletes but also anyone that is involved in extracirculars- Safety reason- if students are going to be involved with the school they must drug test  Drug testing politicians? - Unconstitutional - They can search for one thing but find something else that won’t necessarily be illegal but private  Pregnant women - If it is a public prenatal program they must have probable cause orreasonable suspicion - If they have no reason they can not randomly drug test a pregnantwomen Testing of transportation workers/ any workerso If employers find that their employees are testing positive and working on


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