Special Needs Searches

Special Needs Searches:  An exception to the search warrant requirement, as well as the need to even show any "individualized suspicion," is when a search is found to serve "special needs" beyond the need for normal law enforcement.

Test

Test:  The legality of a warrantless search under the "special needs" exception is determined by balancing (1) the need to search against (2) the constitutional intrusiveness of the search.  (Henderson v. City of Semi Valley (9^th Cir. 2002) 305 F.3^rd 1052, 1059; citing Ferguson v. City of Charleston (2001) 532 U.S. 67, 78 [149 L.Ed.2^nd 205].)

Examples

Examples (each of which is covered in detail, elsewhere throughout this outline):

Random Testing of Student Athletes

Random testing of student athletes (Vernonia School District 47J v. Acton (1995) 515 U.S. 646 [132 L.Ed.2^nd 564] and those involved in extracurricular activities. (Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls (2002) 536 U.S. 822 [153 L.Ed.2^nd 735].)

Random Metal Detector Searches of Students

Random metal detector searches of students, without any individualized suspicion, to help in keeping weapons off campuses. (In re Latasha W. (1998) 60 Cal.App.4^th 1524.)

Search of a student’s computer

Search of a student's computer based upon information that the graduate student was "hacking into" the school's e-mail server and had the capability of "threaten(ing) the integrity of campus computer or communication systems." (United States v. Heckenkamp (9^th Cir. 2007) 482 F.3^rd 1142.)

Drug Testing for United States Customs Service Employees

Drug testing for United States Customs Service employees, in certain positions. (Treasury Employees v. Von Raab (1989) 489 US. 656 [103 L.Ed.2^nd 685].)

Searches of Employees’ Backpacks

Searches of employee backpacks to prevent inventory loss. (United States v. Gonzalez (9^th Cir. 2002) 300 F.3^rd 1048.)

Pre-Departure Airport Screening Procedures

Pre-departure airport screening procedures, including the use of a magnetometer, at airports, as an "administrative search" to insure that dangerous weapons will not be carried onto an airplane and to deter potential hijackers from attempting to board. (People v. Hyde (1974) 12 Cal.3^rd 158; United States v. Aukai (9^th Cir. 2007) 497 F.3^rd 955.)

Drug and Alcohol Testing for Railway Employees

Drug and alcohol testing for railway employees involved in train accidents. (Skinner v. Railway Labor Executives' Assn. (1989) 489 U.S. 602 [103 L.Ed.2^nd 639].)

Administrative Inspections of Closely Regulated

Administrative inspections of certain "closely regulated" businesses. (New York v. Burger (1987) 482 U.S. 691 [96 L.Ed.2^nd 601].)

Administrative Inspection of Fire-Damaged Premises

Administrative inspection of fire-damaged premises to determine the cause of a fire. (Michigan v. Tyler (1978) 436 U.S. 499 [56 L.Ed.2^nd 486].)

Administrative Housing Code Inspections

Administrative inspections to ensure compliance with city housing code. (Camara v. Municipal Court of City and County of San Francisco (1967) 387 U.S. 523 [18 L.Ed.2^nd 930].)

Border Patrol Checkpoints

Border Patrol Checkpoints. (United States v. Martinez-Fuerte (1976) 428 U.S. 543 [49 L.Ed.2^nd 1116].)

Sobriety Checkpoints

Sobriety Checkpoints. (Michigan Dept. of State Police v. Sitz (1990) 496 U.S. 444 [110 L.Ed.2^nd 412].)

Entry into a Residence to Enforce a Court Order

Entry into a residence when necessary to enforce a court order, such as a temporary restraining order related to domestic violence. (Henderson v. City of Simi Valley (9^th Cir. 2002) 305 F.3^rd 1052.)

Fourth Waiver Searches

Fourth Waiver searches of parolees and some probationers. (In re Tyrell J. (1994) 8 Cal.4^th 68, 77; citing Griffin v. Wisconsin (1987) 483 U.S. 868, 873 [97 L.Ed.2^nd 709, 717.)

A Search Warrant Issued Pursuant to P.C. § 1524.1 (HIV)

A search warrant issued pursuant to P.C. § 1524.1, for HIV testing in specified circumstances, authorized for purposes of public safety, has been referred to as a "special needs"-type search, and therefore subject to less stringent requirements than normally applicable. (Humphrey v. Appellate Division of the Superior Court (2002) 29 Cal.4^th 569, 574-575.)

Taking of Biological Samples for DNA Databases

The taking of biological samples from prison inmates, parolees and probationers for the purpose of completing a federal DNA database, might qualify as a "special needs" search. (United States v. Kincade (9^th Cir. 2004) 379 F.3^rd 813, 823-832.)

Exceptions to Exceptions

Exceptions to the Exceptions; i.e., where law enforcement is primarily pursuing its general crime control ends:

A Highway Drug Interdiction Checkpoint

  A highway checkpoint program set up for purposes of drug interdiction. (City of Indianapolis v. Edmond (2000) [148 L.Ed.2^nd

• 333].)

See "DUI (and other regulatory "special needs") Checkpoints," under "Detentions," above.

A State Hospital Blood Testing Program

A state hospital program to test pregnant women for drug use when the results are made available to law enforcement. (Ferguson v. City of Charleston (2001) 532 U.S. 67 [149 L.Ed.2^nd 205].)

The "special needs" doctrine is inapplicable where the arrest and search at issue in a case were clearly for law enforcement purposes.  (Ferguson v. City of Charleston, supra, at p. 83, fn. 20 [149 L.Ed.2^nd 205]; "In none of our previous special needs cases have we upheld the collection of evidence for criminal law enforcement purposes;" and City of Indianapolis v. Edmond, supra, at p. 121 [148 L.Ed.2^nd 333]; observing that the "special needs" doctrine has never been applied where the purpose of the search was "to detect evidence of ordinary criminal wrongdoing."].)