358 P.3d 614
Ariz. Ct. App.2015Background
- Christian Adair was on supervised probation with written conditions including: submission to warrantless searches by probation officers, prohibition on drugs and firearms, and providing probation officers access to his residence.
- Prior probation searches of Adair’s home had occurred without incident. In late 2012–early 2013, an identified but reluctant informant told police Adair was still selling crack cocaine and possibly involving his young child.
- A probation officer received the informant’s information, confirmed Adair’s probation condition allowing warrantless search, and arranged an APD-assisted probation search.
- Probation and police officers entered Adair’s residence without a warrant (no verbal consent was claimed), seized crack cocaine, scales, cash, a gun, and ammunition. Adair was charged and his probation revocation petition filed.
- The superior court initially denied suppression but later granted Adair’s motion to suppress, reasoning a probation search must be supported by reasonable suspicion. The State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a probation officer’s warrantless search of a probationer’s residence requires reasonable suspicion under the Fourth Amendment | Adair: probation search must be supported by reasonable suspicion of criminal activity | State: Fourth Amendment is satisfied if the search is reasonable under the totality of the circumstances (a lesser or different standard than reasonable suspicion) | Vacated suppression order; reasonableness under the totality of the circumstances governs and the case is remanded for fact-specific determination |
Key Cases Cited
- United States v. Knights, 534 U.S. 112 (holds probationers’ diminished privacy and a search-condition analysis applying a totality-of-the-circumstances reasonableness inquiry)
- Griffin v. Wisconsin, 483 U.S. 868 (upholds warrant requirement alternative where state rule provided reasonable-grounds standard for probation searches)
- Samson v. California, 547 U.S. 843 (parolee suspicionless search: Fourth Amendment reasonableness assessed under totality of circumstances)
- State v. Montgomery, 115 Ariz. 583 (Arizona: probation search condition limiting privacy is not per se unconstitutional)
- State v. Turner, 142 Ariz. 138 (Arizona appellate case recognizing probation searches tied to compliance and rehabilitation)
- State v. Walker, 215 Ariz. 91 (Arizona App.: applied Knights and noted reasonable suspicion supported a probation search)
- State v. Hill, 136 Ariz. 347 (Arizona App.: probation search provisions recognized as reasonable and necessary for probation)
- United States v. King, 736 F.3d 805 (9th Cir.: indicated a probation-residence search based on less-than-reasonable-suspicion did not violate the Fourth Amendment)
- Mario v. Kaipio, 230 Ariz. 122 (Arizona: discusses Samson and Knights using a totality-of-the-circumstances approach to reasonableness)
- State v. Woods, 210 Ariz. 199 (Arizona App.: appellate courts defer to superior court factual findings on suppression)