Originally Posted by
cbn42
An administrative search is simply a search that does not require a search warrant.
No, it is not that simple. An administrative search is a search based on very specific criteria. The carve out of the 4th Amendment is very specific on what can legally be done in an administrative search. Yes, they are done by LEO's under very strict guidelines.
Originally Posted by
cbn42
As such, any evidence gained from an administrative search cannot be used in a criminal trial.
Clearly wrong. Try using that after blowing a .15 at a sobriety check.
Originally Posted by
cbn42
The status of the person performing the search has nothing to do with it. Their actions are what matter.
Also clearly wrong. Only certain people can perform administrative searches under specific defined conditions. The status or job of the person conducting the search is definitely relevant.
Originally Posted by
cbn42
Many administrative searches are performed by law enforcement personnel. Examples would be DUI checkpoints, weapons screening at courthouses, etc.
This is correct.
Originally Posted by
cbn42
Law enforcement should be trained to understand that their authority is more restricted in such a setting.
I agree.