University:
University of Alabama
Course:
CJ 100 | Intro Criminal Justice
Academic year:

2022
Views:

359

Pages:

1
Author:

Shyanne Johnson

Searches of Person in Jails & Prisons, Probation, Parolees; Administrative Searches; and DNA Tests of Arrestees.  Warrant Exception.  A prisoner’s cell and effects are not protected by the Fourth Amendment. Even if someone is arrested for a minor offense, jail officials need no warrant or reasonable suspicion of contraband to strip search the person before admitting him to the general population in a jail (Florence).  Warrant Exception: Inventory Searches. o As long as the search follows an established routine for the purpose of inventory, the police may conduct a warrantless, suspicion-less inventory search of an impounded vehicle, including containers in the vehicle—even if the vehicle was only impounded for a parking violation (South Dakota v. Opperman).  Warrant Exception: Administrative Searches. o When inspectors search private residences and commercial buildings based on a reasonable, neutral plan that has the purpose of enforcing administrative regulations, a warrant is required, but the warrant need not be based on individualized probable cause (Camara, etc.).  Also, no warrant required for administrative searches of “closely regulated industries”—e.g. liquor sales, firearms dealing, mining, or “running an automobile junkyard” (New York v. Burger), but not, e.g., car leading or general manufacturing.  DNA Test of Arrestees. o When officers make an arrest based on probable cause for a serious offense, police may collect a cheek swab of the arrestee’s DNA at police station, without warrant or suspicion, as part of routine booking procedure (Maryland v. King).