Exam 7: Agency Investigations and Information Collection

Conducting a blood,urine,or breath test is considered a search under whichamendment to the U.S.Constitution?

Agencies can acquire information by requiring individuals and businesses to produceand maintain records.

Common law and statutory privileges such as attorney-client,husband-wife,anddoctor-client are not applicable or effectual regarding administrative agency search andreporting powers.

_____ is when agencies require that records be held subject to review by the agency.

Matching: -Match the key term in Column 1 with its description in Column 2.

The Fifth Amendment privilege against ____ applies to natural persons,but business entities,such as corporations,may not claim the privilege.

Faye has sold illegal drugs.The IRS requires that all income be reported whetherobtained legally or illegally.Assume that Faye reports her illegally gained income on hertax return.The Department of Justice may use that return as evidence and prosecute Fayefor selling illegal drugs.

Suspicionless drug testing of student athletes is considered by the courts to beconsistent with the Fourth Amendment.

_____________ shields a witness from prosecution of all offenses related to his orher testimony but does not protect the witness if the government possesses independentevidence of the witness's guilt.

Generally,blood,drug,or urine testing to uncover criminal activity requires _____.

An industry that is subject to significant licensing,reporting,disclosurerequirements,inspections,required operating procedures,and other regulations is a ____regulated business.

A directive to a person or organization to appear to testify with specifieddocuments is called a subpoena _____.

The current legal environment considers most administrative inspections as searchessubject to Fourth Amendment requirements.

The standard for obtaining a search warrant is same for both administrative casesand criminal cases.

Exceptions for agency-related area searches,based on warrants issued without ashowing of probable cause:

The Fifth Amendment privilege against self-incrimination applies to:

In the U.S.Supreme Court case _____,the court held that blood and urine testing isinvasive of a person's privacy but that the regulation was valid because the governmentalinterest in protecting the employees and the public from a disaster outweighed theprivacy interests of the employees.

The APA specifies that no hearing is necessary when adjudicative decisions are basedsolely on any of the following except:

Agency requests regarding recordkeeping and reporting are not subject to federal orstate privileges against self-incrimination.

Explain why the Fourth Amendment is applied differently in administrative context than in the criminal justice context.