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NCJ Number:	125060

Title:	Conflicting Perspectives from the Bench and the Field on Probationer Home Searches -- "Griffin v. Wisconsin" Reconsidered

Journal:	Social Justice Volume:17 Issue:1 Dated:(Spring 1990) Pages:607-668

Author(s):	H P Schneiderman

Date Published:	1989

Page Count:	61

Type:	Legislation/Policy Analysis

Format:	Article

Language:	English

Country:	United States of America

Annotation:	The legality of probationer home searches are examined. The U.S. Supreme Court, in "Griffin v. Wisconsin," held that warrantless home searches of probationers were legal as long as they were made pursuant to the Wisconsin Administrative Code.

Abstract:	A survey of Wisconsin probation officers was conducted to test the assumptions made by the Supreme Court in their ruling. Issues discussed include whether requiring a warrant would impede the probation system or affect deterrence, whether agents have traditionally abided by the Administrative Code, whether the warrant requirement has any substantive effect given extra-judicial factors that limit the use of home searches, and whether agents are eager to make home searches. The Wisconsin probation system is described to provide a backdrop for the warrant issue. The rules of probation, police powers of Wisconsin agents, and requirements for home visits by probation officers are reviewed to demonstrate the faulty record with which the Supreme Court based its decision. The data collection techniques and methodology for analysis of the survey are also provided. 451 footnotes.

Main Term(s):	Probationers rights

Index Term(s):	Probation or parole officers; Search and seizure; Search warrants



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