NCJ Number
116177
Journal
John Marshall Law Review Volume: 21 Issue: 4 Dated: (Summer 1988) Pages: 921-935
Date Published
1988
Length
15 pages
Annotation
This article analyzes the fourth amendment protection against unreasonable searches and seizures and discusses the Supreme Court's reasoning in Griffin v. Wisconsin when it held that a probation officer does not need a warrant or probable cause to search the home of a probationer.
Abstract
The article recites the facts of the Griffin case as well as its disposition at trial and on appeal. The reasoning of the majority of the Supreme Court is discussed in detail, including Justice Scalia's conclusion that the probation system has special needs, thereby diminishing a probationer's expectation of privacy. The special needs justify a departure from usual warrant and probable cause requirements. Thus the Court carved out a special exception to the fourth amendment warrant and probable cause requirements when government's special needs make the warrant requirements impracticable. The article argues that the Court's ruling that the fourth amendment warrant requirement could be disregarded is incorrect and sets a dangerous precedent. The Court's decision allows probation officers to set the standard for the search, thus encouraging possible abuses by probation officers and the police. 100 footnotes.