1987 United States Supreme Court case
| Griffin v. Wisconsin |
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Argued April 20, 1987
Decided June 26, 1987 |
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| Full case name | Griffin v. Wisconsin |
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| Docket no. | 86-5324 |
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| Citations | 483 U.S. 868 (more) |
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| Court membership |
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- 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 |
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| Majority | Scalia, joined by Rehnquist, White, Powell, O'Connor |
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| Dissent | Blackmun, joined by Marshall; Brennan (Parts I-B, I-C); Stevens (Part I-C) |
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| Dissent | Stevens, joined by Marshall |
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| Laws applied |
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| U.S. Const. amend. IV |
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]
Background
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
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
References
- ^ 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
- 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
Scope of the Fourth Amendment |
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| Definition of search | |
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| Definition of seizure | |
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| Fourth Amendment standing | |
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Seizures |
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| Distinguishing stops and arrests | |
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| Seizure of premises awaiting warrant | |
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| Detention incident to search | |
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| Detention during vehicle stop | |
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| Excessive force | |
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Incorporation against States |
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| Unreasonable search and seizure | |
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| Warrant requirements | |
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