Griffin v. Wisconsin
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Background
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1987 United States Supreme Court case
Griffin v. Wisconsin, 483 U.S. 868 (1987), was a case decided by the Supreme Court of the United States on June 26, 1987. The court decided that the warrantless search of a probationer's residence based on "reasonable grounds" in accordance with a state probation regulation did not violate the Fourth Amendment .
Background
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After being convicted in a Wisconsin state court of several offenses, Griffin was placed on probation. According to a Wisconsin regulation, any probation officer could search a probationer's residence without a warrant as long as the officer's supervisor approved and that there were "reasonable grounds" to believe that contraband was present. After Griffin's probation officer received information that there might be firearms in his apartment, police searched Griffin's apartment and found a handgun. Griffin was subsequently charged with possession of a firearm by a convicted felon. The state trial court denied Griffin's motion to suppress the evidence obtained and he was convicted. On appeal, both Wisconsin Court of Appeals and Wisconsin Supreme Court affirmed the conviction.
Result
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In a 5–4 decision delivered by Justice Scalia, the Court held that the warrantless search of Griffin's residence did not violate the Fourth Amendment as the search was conducted "pursuant to a regulation that itself satisfies the Fourth Amendment's reasonableness requirement under well-established principles." The Court further reasoned that a state's probation system presented " 'special needs' beyond normal law enforcement that may justify departures from the usual warrant and probable cause requirements."
See also
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References
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- 1 2 483 U.S. 868 (1987)
- 1 2 3 "Griffin v. Wisconsin, 483 U.S. 868 (1987)" . Justia Law. Retrieved August 24, 2023.
- ↑ "Griffin v. Wisconsin" . Oyez.
- ↑ "Warrantless Searches and Exceptionsto the Warrant Requirements" , Constitutional Law for the Criminal Justice Professional, Routledge, March 16, 1999, pp. 141–156, doi :10.1201/9781439821848-18 , ISBN 978-0-429-24610-4 , retrieved January 4, 2024
- ↑ "Parole and Probation Searches: The Aftermath of Griffin V. Wisconsin | Office of Justice Programs" . www.ojp.gov. Retrieved February 25, 2024.
- ↑ "Search and Seizure - Probationer / Parolee / Pretrial Release | Casetext" . casetext.com. Archived from the original on April 30, 2021. Retrieved March 8, 2024.
External links
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- Text of Griffin v. Wisconsin, 483 U.S. 868 (1987) is available from: Cornell CourtListener Findlaw Google Scholar Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio) vLex
United States Fourth Amendment case law
Scope of the Fourth Amendment
Definition of search
- _Boyd v. United States _ (1886)
- _United States v. Lee _ (1927)
- _Olmstead v. United States _ (1928)
- _Abel v. United States _ (1960)
- _Silverman v. United States _ (1961)
- _Katz v. United States _ (1967)
- _United States v. Knotts _ (1983)
- _United States v. Place _ (1983)
- _United States v. Karo _ (1984)
- _California v. Greenwood _ (1988)
- _Skinner v. Railway Labor Executives Ass'n _ (1989)
- _United States v. Verdugo-Urquidez _ (1990)
- _Bond v. United States _ (2000)
- _Kyllo v. United States _ (2001)
- _Illinois v. Caballes _ (2005)
- _United States v. Jones _ (2012)
- _Florida v. Jardines _ (2013)
- _Klayman v. Obama _ (D.D.C. 2013)
- _American Civil Liberties Union v. Clapper _ (D.D.C. 2013)
Definition of seizure
- _Counselman v. Hitchcock _ (1892)
- _Hale v. Henkel _ (1906)
- _Terry v. Ohio _ (1968)
- _United States v. Mendenhall _ (1980)
- _Florida v. Royer _ (1983)
- _INS v. Delgado _ (1984)
- _California v. Hodari D. _ (1991)
- _Florida v. Bostick _ (1991)
- _Soldal v. Cook County _ (1992)
- _United States v. Drayton _ (2002)
- _[Brendlin v. California](https://en.wikipedia.org/wiki/Brendlin_v._Califo
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