Category Archives: Special needs

KS: Random suspicionless drug testing of any probationer is reasonable under special needs

Random suspicionless drug testing of any probationer (even those from nondrug cases), satisfied the Fourth Amendment and state constitution under special needs. State v. Hinnenkamp, 2019 Kan. App. LEXIS 44 (July 5, 2019):

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CA10: Photographing partially undressed child at school for suspected child abuse gets QI

A state case worker who photographed a partially unclothed child at school gets qualified immunity for a special needs search of the child. No SCOTUS or circuit case says that the special needs doctrine does or does not apply here. … Continue reading

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NJ: GPS monitoring of sex offender still on supervision is reasonable under “special needs”; one not on supervision is not

Two sex offenders sued over their GPS monitoring. The state defended under the special needs doctrine. GPS monitoring of SO still on supervision is reasonable, but it is unreasonable as to the one off supervision. H.R. v. N.J. State Parole … Continue reading

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CA9: Forced sex abuse exam of children without parental consent or court approval violates 4A

Children were removed from the home because of suspected child abuse and subjected to forced gynecological and rectal exams without any court authorization or parental knowledge or consent. The court assumes the “special needs” doctrine applies and then finds it … Continue reading

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VA: RS not required for a jail book-in strip search

Reasonable suspicion is not required for a jail book-in strip search. Defendant was arrested for a drug offense, and he was freely moving around in book-in, but a search ultimately happened, and a baggie of cocaine was protruding from his … Continue reading

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WI: Checkpoint minutes after an armed robbery was reasonable; only two cars stopped

Officers responding to an armed robbery call were in the vicinity and parked in the street with top lights on along a possible escape route creating de facto checkpoint or roadblock. Because of time of day, there were few cars … Continue reading

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MA: Admin search doctrine or special needs didn’t permit a discretionary suspicionless search of a car on a prison parking lot

The trial court judge properly allowed defendant’s pretrial motion to suppress evidence seized during a warrantless search of his motor vehicle while it was parked in a parking lot outside a correctional facility, where, at the time a police officer … Continue reading

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DE: GPS monitoring of Tier III sex offenders satisfied “special needs” exception

Statute mandating GPS monitoring of all Tier III sex offenders granted parole or probation without reference to their individual risks of recidivism did not violate the Fourth Amendment under Vernonia’s “special needs” exception. Plaintiffs did not have a legitimate privacy … Continue reading

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CA3: Direction to ptf to remove pants for observation of UA on supervision was reasonable

Plaintiff was in a urine testing program as a condition of state supervision, and, to prevent cheating, the testing officer directed him to remove his pants so direct observation could be done. Plaintiff characterizes this as a strip search. The … Continue reading

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CA9: It was obvious by signs and longstanding practice that military bases are secure; having to lockup belongings before a consensual interview on the base wasn’t a seizure

Plaintiff was employed by the military, and NCIS had him come to a base for an interview about budgetary matters. The base was secure and everybody entering was subject to search and knew it from the signs. In the interview … Continue reading

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NY: NYC DoC recording jail calls was not as agent of DA; no Sixth Amd. violation

The recording of non-attorney jail calls from Rikers Island and turning them over to the DA’s office does not violate the constitution. Defendant was warned by signs, and thus knew, his calls were being recorded. The NYC Department of Corrections … Continue reading

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CA8: Linn State Tech College’s student drug testing policy constitutional; special needs proven [Update: rev’d en banc 12/22/16]

Missouri’s Linn State Technical College’s student drug testing policy is constitutional under the Fourth Amendment. After the prior appeal, Barrett v. Claycomb, 705 F.3d 315 (8th Cir. 2013), the district court erred in conducting a program-by-program analysis of where the … Continue reading

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