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The examples she offered included drug-testing of customs agents, transportation workers and student athletes, which the court's precedents have justified as serving "special needs, beyond the normal need for law enforcement".
Respondents argue that there must be a showing of some special governmental need "beyond the normal need" for criminal law enforcement before a balancing analysis is appropriate, and that petitioners have demonstrated no such special need.
Where a Fourth Amendment intrusion serves special governmental needs, beyond the normal need for law enforcement, it is necessary to balance the individual's privacy expectations against the Government's interests to determine whether it is impractical to require a warrant [p450] or some level of individualized suspicion in the particular context.
7 (Souter, J., dissenting); Griffin v. Wisconsin, 483 U.S. 868, 873 (1987) (permitting exceptions to the warrant and probable-cause requirements for a search when special needs, beyond the normal need for law enforcement, make those requirements impracticable (quoting New Jersey v. T. L. O., 469 U.S. 325, 351 (1985) (Blackmun, J., concurring in judgment))).
The Fourth Amendment allows governmental searches and seizures without individualized suspicion when the Government demonstrates a sufficient "special need" – that is, a need beyond the normal need for law enforcement – that outweighs the intrusion on individual liberty.
These exceptions apply "[o]nly in those exceptional circumstances in which special needs, beyond the normal need for law enforcement, make the warrant and probable cause requirement impracticable".
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The dueling characterizations mattered because the Supreme Court's precedents have found that the Fourth Amendment's warrant requirement need not apply when a search serves a "special need" beyond the normal needs of law enforcement.
Police officers may only set up roadblocks for special situations beyond the normal needs for law enforcement.
Craig Hatkoff, co-founder of Tribeca Film Festival and creator of the Tribeca Disruptive Innovation Awards, one of the major highlights of that annual film industry event (the founders of Kickstarter, Twitter, Wikipedia and TedX have been honorees) texts: " To stand out beyond the normal statistical probabilities, filmmakers will need to invert the box.
In order to carry out their asymmetric warfare, terrorist organizations would need attackers beyond the normal network.
"In certain areas, we need to go beyond the normal methods of policing," Fenty (D) said at a news conference announcing the action.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com