State v. Jeremiah J. Purtell
2014 WI 101
| Wis. | 2014Background
- Purtell pled guilty to animal cruelty and was placed on probation with multiple conditions, including not owning a computer without approval.
- Agent Anderson, assigned to supervise Purtell, documented a pattern of noncompliance (missed appointments, failed DNA sample, group home violations, attempted to hide computers).
- Probation officers seized Purtell's computers from his room after taking him into custody for probation violations.
- A warrantless search of one computer revealed images resembling child pornography, leading to further law enforcement warrants and charges for possession of child pornography.
- The circuit court denied the suppression motion, and Purtell was convicted on four counts; the court of appeals reversed on the ground that the contents of the computer were searched without reasonable grounds.
- Wisconsin Supreme Court granted review to address whether a probation search of a computer, seized as contraband, complied with Fourth Amendment requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless probation search of contents violated Fourth Amendment | Purtell argues contents search was unlawful; no independent grounds to search contents. | State contends probation grounds and code factors justify search of contents. | No Fourth Amendment violation; reasonable grounds supported search. |
| Whether probation agent had reasonable grounds to believe computer contained contraband | Agent lacked grounds since images were not prohibited by probation terms. | Record shows multiple factors under Wis. Admin. Code § DOC 328.21(7) supported grounds. | Agent had reasonable grounds; search of contents permissible. |
| Whether seizure of computer as contraband justified warrantless search of its contents | Seizure alone does not authorize unilateral search of contents. | Contraband status and probation conditions permit broader search of seized items. | Search of contents upheld; seizure as contraband provided basis for content search. |
Key Cases Cited
- Griffin v. Wisconsin, 483 U.S. 868 (1987) (probation search with reasonable grounds replaces probable cause)
- Knights v. United States, 534 U.S. 112 (2001) (probation searches with diminished privacy interests permissible)
- Riley v. California, 134 S. Ct. 2473 (2014) (warrant required for search of data on digital devices in general)
- Carroll v. United States, 322 Wis. 2d 299 (2010) (separate Fourth Amendment analysis for searches of seized items)
- State v. Sobczak, 347 Wis. 2d 724 (2013) (an object within a home requires separate analysis for search)
- State v. Griffin, 483 U.S. 868 (1987) (Griffin reinforces reasonable grounds standard for probation searches)
- State v. Carroll, 322 Wis. 2d 299 (2010) (separate analysis for searches of seized items and contents)