DISCUSSION 5
Under what circumstances must applications for FISA warrants be reviewed and issued by the FISC as opposed to ones that may be initially authorized by the executive branch of the federal government?
EXERCISE 5
Assignment Prompt
Name and discuss four types of electronic surveillance that are either not covered by or are specifically exempted from coverage of Title III of the Omnibus Crime Control and Safe Streets Act of 1968.
DISCUSSION 6
1. What are the differences between conventional search warrants (directed toward gathering evidence for a criminal prosecution), administrative search warrants, and “special needs” searches?
2. What is the justification for requiring an administrative search warrant to conduct certain administrative searches, but allowing for other types of administrative searches to be conducted without a warrant?
EXERCISE 6
Assignment Prompt
What are the special needs that justify the warrantless seizure of DNA samples from people arrested and/or convicted of certain crimes? Compare and contrast the arguments that these justifications fit within the usual scope of the special needs doctrine with the arguments that these justifications fail to conform to the usual requirements of special needs searches. Don’t criminals have some rights? Under what circumstances are random, warrantless, and suspicionless searches of high school students permitted? What is the underlying rationale of these searches? Critique this rationale.
READ CHAPTER 5 AND 6 BOOK CRIMINAL PROCEDURE 4TH EDITION
