3-31-08 - Criminal Procedure 3/31/08 Special needs searches...

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Criminal Procedure 3/31/08 Special needs searches Inventory search Balancing interests Searches have to balance the government’s special need to inspect against the invasion of individuals privacy caused by the search. If the government’s special need outweighs the individual’s right to privacy, the search is reasonable Objective basis Routine procedure, not probable cause or even reasonable suspicion, are required in special-needs searches International border searches Reasonable without warrants or probable cause Airport searches Custody-related searches Prisoners The reasonableness of prisoner searches depends on balancing the need to maintain prison and jail security, safety, and discipline against the invasion of prisoners’ substantially reduced reasonable expectation of privacy Strip and body-cavity searches Reasonable without either warrants or probable cause if, in the particular situation, the need for security, safety, or discipline
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This note was uploaded on 04/03/2008 for the course CRJ 205 taught by Professor Reisner during the Spring '08 term at Rutgers.

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3-31-08 - Criminal Procedure 3/31/08 Special needs searches...

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