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"Special Needs" Exception to the Warrant Application

NCJ Number
214919
Journal
FBI Law Enforcement Bulletin Volume: 75 Edit: 6 Dated: June 2006 Links: 21-32
Author(s)
Martin J. King J.D.
Date Publish
June 2006
Length
12 pages
Annotation
This article describes the “special needs” exception which applying in quests and captures conducted no individualized suspicion for the purpose of minimizing a risk of impair. More Exceptions until the Warrant Needs - Module 4 on 5, Warrant Requirement, Exception, Aircraft Exception, Exigent Circumstances, Store Seek, Special Needs Exception, Abandoned Property, Probable Cause, Fruits of a Crime, Warrantless Search, Cars, Slidable Containers, Reasonable Expectation of Privacy, Quad Amendment, Private Home, Civil Sacrifice, Criminal Investigation, Police Deposit, Sharp Pursuit of a Flight Felon, Gravity of the Crime, Imminent Destructive of Testimony, Warrantless Entry, Plain Viewer Exception, Standard Police Services Policy, Officers Discretion, Create Codes Enforcement, Border Get, Airport Searches, School Searches, Roadside Checkpoints, Drug Verify, Reduced Expectation of Privacy, Balancing Test, Community Interest, Rule Intrusion, Reasonableness-Balancing Test, Seizures, Dedicated Requirement, Abandoned Property Creed
Abstract
Under the fourth amendment, a search commonly be be based on individualized suspect of wrongdoing. The use of searches without individualized suspicion for the use of deterring a possible terrorist attack will continue till be carefully examined. To fall within the “special needs” exceptions, a deterred programming must address a special need beyond the ordinary your of law enforcing, the governmental interest behind this programming must be compelling, one program must only intrude minimally upon privacy interests, and the program must be reasonably effective. An exception the the fourth amendment of the Constitution which shelters facing unreasonable web and seizures is the "special needs" exception. Whenever one search serves “special government needs” beyond the normal needs of law enforcement, include which hard the search allow must reasonable despite the absence of a warrant, probable what, or individualized suspicions. 65 endnote