Are Suspicionless Searches Allowed in Illinois?
Wednesday, May 29th, 2013 at 3:47pm
Wednesday, May 29th, 2013 at 3:47pm
Typically, Fourth Amendment jurisprudence requires probable cause in order for a search or seizure to be valid. There are circumstances where the Fourth Amendment isn’t triggered and suspicionless searches or searches based on reasonable suspicion are allowed.
This is a special category of searches or seizures when a perceived need, beyond the normal need for criminal law enforcement, makes a warrant or probable cause impracticable or irrelevant. Examples of when this might occur include administrative searches, searches of students at school, suspcionless drug testing, and searches of parolees. A special needs search is governed by the reasonableness standard.
Except in emergency situations or when consent is given, residences and commercial buildings may not be entered to inspect for administrative code violations without an administrative search warrant.
However, when the business is part of a regulated industry, warrantless inspection is allowed. The reasoning for allowing government officials to search a business without a warrant is because the search is not done for criminal law enforcement purposes and the government has a strong interest in ensuring business are in compliance with regulations. See New York v. Burger.
Students have a constitutional right to Fourth Amendment protection at school. However, the standards are lowered because schools are afforded some latitude to maintain a proper educational environment. So a search does not require a warrant if it is conducted reasonably based on grounds that some misconduct has occurred and the search will likely turn up evidence of that misconduct. The search becomes unreasonable if it is too intrusive in light of the age and sex of the student. See New Jersey v. T.L.O.
Drug testing has become fairly commonplace in modern society, with it being a requirement of many jobs. It is still rather invasive in that you have to submit a part of your body for testing to gain information about your private behavior. The invasive nature of drug testing has raised some questions about whether the government can legally require it without being an unjust violation of privacy.
The U.S. Supreme Court has upheld suspicionless drug testing in certain instances, like drug testing of railway employees in order to prevent railroad accidents and random drug testing of students wanting to participate in sports and other extracurricular activities.
Just a few years ago the Illinois Supreme Court decided People v. Wilson, which upheld suspcionless searches of parolees. This case involved a parolee whose home was searched by his parole officer and police. Because the parolee had signed an agreement according to the terms of his Mandatory Supervised Release (MSR) that included consenting to searches. This agreement was persuasive for the Supreme Court to reason that parolee’s have a reduced expectation of privacy and so in this instance the Fourth Amendment was not triggered.
It depends on the nature of the search and its context to determine whether constitutional rights have been violated. A qualified Illinois Criminal Defense Attorney will be the best resource to protect those valuable rights.
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