The Champion

December 2006 , Page 58 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Who Needs 'Special Needs'?

By Milton Hirsch

Read more Fourth Amendment Forum columns.

The locution “special needs” has taken its place in the lexicon of political correctness to describe those of our fellow human beings who in my childhood were described as “crippled;” in my youth as “handicapped;” and in my young adulthood as “disabled.” But the locution “special needs” has also taken its place in the lexicon of the Fourth Amendment — so much so that it seems determined to swallow up the whole of search and seizure jurisprudence.

As Fourth Amendment jurisprudence goes, however, the special needs doctrine is . . . well, crippled, handicapped, and disabled. Two prominent recent cases make the point.

Johnston v. Tampa Sports Authority et al.

The Tampa Sports Authority is the public entity1 charged with the administration of Raymond James Stadium in Tampa, Florida. Raymond James Stadium is where the Tampa Bay Buccaneers engage, on a weekly basis during the winter months, in an activity that sometimes bears a similarity to football.
Last year, in response to a directive fro

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad