How has the special needs exception been interpreted in the context of search warrants and probable cause?

MultiRegion, United States of America

The following excerpt is from Neel v. Cnty. of San Diego, Case No.: 18-CV-1764 W (MSB) (S.D. Cal. 2019):

469 U.S. at 327-48. The impracticability of the warrant and probable cause requirement justifies the special needs exception in each of these instances. See Griffin, 483 U.S. at 873. As it can allow for " 'suspicionless searches,' " the special needs exception is a " 'closely guarded category[.]' " Ferguson v. City of Charleston, 532 U.S. 67, 77 (2001) (quoting Chandler v. Miller, 520 U.S. 305, 309 (1997)).

Other Questions


Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
How have the courts interpreted search warrants in the context of search warrants? (MultiRegion, United States of America)
If we conclude that the warrant supporting the search was supported by probable cause, should the search be limited to the scope of the search? (MultiRegion, United States of America)
Does the fact that a search warrant can be obtained without a judicial review of probable cause change the nature of the search warrant? (MultiRegion, United States of America)
When a search warrant is issued based upon information from a "informant", is the search warrant based upon "probable cause" to believe that contraband or evidence is located in particular place? (MultiRegion, United States of America)
Can a police officer search a person with special needs without a warrant or probable cause? (MultiRegion, United States of America)
How has the plain view exception to the warrant requirement been interpreted in the context of search warrants? (MultiRegion, United States of America)
What is the test for a search warrant under the Constitution requiring that probable cause be stated in the warrant affidavit? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.