Kahn, Shedding Rights at the College Gate: How Suspicionless
Mandatory Drug Testing of College Students Violates the Fourth Amendment, 67 U.
searches or seizures cannot have evidence production as
Like the Supreme Court, state and federal courts utilize a special needs balancing test under the Fourth Amendment and state analogs in upholding suspicionless
drug testing of public-sector safety-sensitive employees.
The point at which a protective search becomes an impermissible dragnet will be partly determined by empirics, but fairness dictates the relevant inquiry: suspicionless
searches are generally fair so long as the probability-discounted benefits to protected individuals exceed the burdens imposed on innocent individuals.
Use of these algorithms, however, would allow police to conduct suspicionless
investigations into citizens' private data for evidence of ordinary criminal wrongdoing.
In some ways, those of who have been kind of advocates - or let's say protest; have protested mass suspicionless
surveillance, dragnet surveillance of American citizens - have been in almost a sci-fi sense wondering what those sorts of powers could be used for in the wrong hands.
(64) Regulating the purpose of suspicionless
intrusions is relevant because it deters abusive police conduct.
But it also helps to connect with other significant debates about how to respond, for example, to the disclosures made by Edward Snowden about global, intensive, suspicionless
(174) For example, the Court has permitted suspicionless
searches at fixed roadblocks that are for the primary programmatic purpose of stemming "the flow of illegal entrants" into the United States, (175) "preventing drunken driving," (176) or identifying evidence of a recent crime.
(5) These police actions usually share three characteristics: (1) they occur pursuant to a legislative or executive branch policy, written or unwritten, that officers are directed to follow; (2) they seek to ferret out or deter undetected wrongdoing, usually within a designated group, rather than focus on a particular crime known to have already occurred; and, relatedly, (3) they are purposefully suspicionless
with respect to any particular individual, and thus will almost inevitably affect a significant number of people not involved in wrongdoing.
(15) For every judicial pronouncement about the sanctity of the home, (16) the inviolability of private papers, (17) or the despotism of general warrants and writs of assistance, (18) there is a decision uncritically legitimating a suspicionless
, warrantless search power, including powers to seize mere evidence.
809, 834 (2011) (describing generally the Court's shift toward the acceptance of suspicionless
search programs in schools and other contexts); Christopher Slobogin, The World Without A Fourth Amendment, 39 UCLA L.