Individual Rights vs. Special Needs of State
"(Wisconsin) regulation forbids a probationer to posses a firearm without probation officer's advance approval" (Syllabus, pg.3165). Petitioner Joseph G. Griffin was convicted of a felony and was on probation when his house was searched for a firearm without a warrant. Wisconsin regulation says probationer's home (probationer being a special needs case) can be searched without a warrant on the basis of "reasonable grounds" as opposed to probable cause. The probation officer came to the "reasonable grounds" conclusion because of an anonymous police tip. Griffin contended that his fourth amendment rights had been violated due to reasonableness, or lack there of, of a warrantless search, "Probationer's home, like anyone else's is protected by the FourthAmendment's requirement that searches be reasonable," (U.S.C.A. Const. Amend. 4, pg. 3165). The Supreme Court said that "reasonable grounds" satisfied the Fourth Amendment's reasonableness standard for a search, "A State's operation of a probation system, like its operation of a school, government office or prison, or its supervision of a regulated industry, likewise presents "special needs" beyond normal law enforcement that may justify departures from the usual warrant and probab
irrelevant, because, "this court has ruled in Boren that a strip search of a prison visitor "supported by reasonable suspicion is constitutionally permissible," (Pg. 1020). "This court has held "in several cases that a dog alert without more (creates) probable cause for searches and seizures," (Tacha, pg..1020). On the matter of the search at the roadblock, in which the plaintiffs said was "an unreasonable search prohibited by the Fourth Amendment," (Tacha, pg. 1016), Tacha says "Government officials need probable cause to conduct a search, however," (Pg. 1017) (then he goes on to quote Griffin v. Wisconsin) Plaintiffs Romo, and Gardner were stopped at a roadblock near a correctional center on their way to visit Ms. Romo's husband, an inmate. The roadblock was on access road outside of prison grounds, but the road lead only to the prison parking lot. At the roadblock Ms. Romo was asked to turn off her ignition, open the doors and trunk to her car, and return to her seat while a "drug interdiction canine," (Tacha, pg. 1015) sniffed the vehicle. The dog indicated that Ms. Romo had drugs on her. She was then asked to consent to a strip search, which she did, and it was found that she was in the possession of le-cause requirements," (Scalia, pg. 3168). The Court noted, "A warrant requirement would interfere to an appreciable degree with the probation system , setting up a magistrate rather than the probation officer "when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable," (Pg. 1017). Tacha c
Some common words found in the essay are:
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Approximate Word count = 1061
Approximate Pages = 4 (250 words per page double spaced)
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