4. Which of the following is NOT considered an administrative search?
A. Inspection
B. School disciplinary search
C. Checkpoint
D. Stop and frisk
is it D
14. A frisk requires:
A. reasonable suspicion that a person is armed and dangerous.
B. justification apart from that required for a stop.
C. that a stop first take place.
D. All of the above
is it D
I agree.
To determine the correct answer for the question "Which of the following is NOT considered an administrative search?" and "A frisk requires," we need to carefully analyze each option and its relevant information.
4. Which of the following is NOT considered an administrative search?
To answer this question, we need to understand what an administrative search is. Administrative searches are conducted by government officials to ensure compliance with regulations or to enforce specific laws. They are typically conducted without a warrant and do not require a high level of suspicion or probable cause. Let's review each option:
A. Inspection: Inspections are considered administrative searches. They involve examining or evaluating a person, item, or location for compliance with specific regulations or standards. Therefore, A is not the correct answer.
B. School disciplinary search: School disciplinary searches are also considered administrative searches. These searches are conducted to maintain order, safety, and discipline within schools. Therefore, B is not the correct answer.
C. Checkpoint: Checkpoints are also considered administrative searches. They involve stopping and examining individuals or vehicles at specific locations, such as border checkpoints or sobriety checkpoints. Therefore, C is not the correct answer.
D. Stop and frisk: Stop and frisk is a law enforcement practice where an officer detains and searches a person for weapons or contraband when they have reasonable suspicion that the person is armed and dangerous. This practice is not considered an administrative search; it is a type of investigative search. Therefore, D is the correct answer.
Therefore, the correct answer to the first question is D. Stop and frisk is NOT considered an administrative search.
14. A frisk requires:
To answer this question, we need to consider what a frisk entails and what is required for it to take place. A frisk is a limited pat-down search of a person's outer clothing, conducted by a law enforcement officer, to search for weapons or other items that could pose a danger. Let's review each option:
A. reasonable suspicion that a person is armed and dangerous: This is correct. A frisk requires that the officer have reasonable suspicion that the person is armed and dangerous. Therefore, A is a requirement for a frisk.
B. justification apart from that required for a stop: This is also correct. A frisk requires separate justification beyond the requirements for a stop. In addition to having reasonable suspicion for the stop, the officer must specifically believe that the person may be carrying a weapon or pose a danger. Therefore, B is a requirement for a frisk.
C. that a stop first take place: This is incorrect. A frisk can only occur after a stop has taken place. The stop provides the opportunity for the officer to investigate further and determine whether a frisk is necessary. Therefore, C is not a requirement for a frisk.
Based on the analysis above, the correct answer to the second question is D. All of the above. A frisk requires reasonable suspicion that a person is armed and dangerous and justification apart from that required for a stop.
I hope this explanation helps! Let me know if you have any further questions.