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Griffin v. Wisconsin

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.[1][2]

Griffin v. Wisconsin
Argued April 20, 1987
Decided June 26, 1987
Full case nameGriffin v. Wisconsin
Docket no.86-5324
Citations483 U.S. 868 (more)
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia
Case opinions
MajorityScalia, joined by Rehnquist, White, Powell, O'Connor
DissentBlackmun, joined by Marshall; Brennan (Parts I-B, I-C); Stevens (Part I-C)
DissentStevens, joined by Marshall
Laws applied
U.S. Const. amend. IV

Background edit

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.[2][3][4]

Result edit

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."[1] 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."[2][5][6]

See also edit

References edit

  1. ^ a b 483 U.S. 868 (1987)
  2. ^ a b c "Griffin v. Wisconsin, 483 U.S. 868 (1987)". Justia Law. Retrieved August 24, 2023.
  3. ^ "Griffin v. Wisconsin". Oyez.
  4. ^ "Warrantless Searches and Exceptionsto the Warrant Requirements", Constitutional Law for the Criminal Justice Professional, Routledge, pp. 141–156, March 16, 1999, ISBN 978-0-429-24610-4, retrieved January 4, 2024
  5. ^ "Parole and Probation Searches: The Aftermath of Griffin V. Wisconsin | Office of Justice Programs". www.ojp.gov. Retrieved February 25, 2024.
  6. ^ "Search and Seizure - Probationer / Parolee / Pretrial Release | Casetext". casetext.com. Retrieved March 8, 2024.

External links edit

  • Text of Griffin v. Wisconsin, 483 U.S. 868 (1987) is available from: Cornell  CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio)  vLex 

griffin, wisconsin, 1987, case, decided, supreme, court, united, states, june, 1987, court, decided, that, warrantless, search, probationer, residence, based, reasonable, grounds, accordance, with, state, probation, regulation, violate, fourth, amendment, supr. 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 1 2 Griffin v WisconsinSupreme Court of the United StatesArgued April 20 1987Decided June 26 1987Full case nameGriffin v WisconsinDocket no 86 5324Citations483 U S 868 more Court membershipChief Justice William Rehnquist Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunJohn P Stevens Sandra Day O ConnorAntonin ScaliaCase opinionsMajorityScalia joined by Rehnquist White Powell O ConnorDissentBlackmun joined by Marshall Brennan Parts I B I C Stevens Part I C DissentStevens joined by MarshallLaws appliedU S Const amend IV Contents 1 Background 2 Result 3 See also 4 References 5 External linksBackground editAfter 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 2 3 4 Result editIn 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 1 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 2 5 6 See also editList of United States Supreme Court cases volume 483 Fourth Amendment to the United States Constitution List of United States Supreme Court cases by the Rehnquist Court Warrantless searches in the United States United States v KnightsReferences edit a b 483 U S 868 1987 a b c 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 pp 141 156 March 16 1999 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 Retrieved March 8 2024 External links editText of Griffin v Wisconsin 483 U S 868 1987 is available from Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio vLex Retrieved from https en wikipedia org w index php title Griffin v Wisconsin amp oldid 1212649100, wikipedia, wiki, book, books, library,

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