NCJ Number
145278
Journal
Federal Probation Volume: 57 Issue: 3 Dated: (September 1993) Pages: 40-45
Date Published
1993
Length
6 pages
Annotation
Supreme Court decisions having to do with probationers' claim to the fourth amendment right to privacy are examined.
Abstract
Probation enables release of high-risk offenders under restrictive circumstances. To ensure probationers' compliance, probation officers may use such tactics as unannounced home or workplace visits, and drug use checks. In 1987, the Supreme Court concluded that the fourth amendment right to privacy must be, to some degree, waived in regard to probationers, due to the nature and the intent of probation. In a 1935 case, the Supreme Court had relied on a rationale that probationers, as convicted offenders, have received an act of grace and are not fully protected by the constitution. This rationale was repudiated in a 1972 decision. In the late 1960's and early 1970's, warrantless searches generally were upheld; special concerns developed when such searches turned up evidence of new crimes. In another case, probable cause requirements were reduced to include probation officer "hunches." However, the Court specifically rejected intimidation as a purpose and reason for warrantless searches. 31 endnotes