GRIFFIN v. WISCONSIN
No. 86-5324
Supreme Court of the United States
Argued April 20, 1987—Decided June 26, 1987
483 U.S. 868
Alan G. Habermehl, by appointment of the Court, 479 U. S. 1053, argued the cause and filed briefs for petitioner.
Barry M. Levenson, Assistant Attorney General of Wisconsin, argued the cause for respondent. With him on the brief was Donald J. Hanaway, Attorney General.*
Briefs of amici curiae were filed for the State of California by John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, and Ronald E. Niver and Stan M. Helfman, Deputy Attorneys General; and for the State of New York et al. by Robert Abrams, Attorney General of New York, O. Peter Sherwood, Solicitor General, Lawrence S. Kahn, Deputy Solicitor General, Judith T. Kramer, Assistant Attorney General, Robert K. Corbin, Attorney General of Arizona, John J. Kelly, Chief State‘s Attorney of Connecticut, Charles M. Oberly III, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, James T. Jones, Attorney General of Idaho, Neil F. Hartigan, Attorney General of Illinois, Linley E. Pearson, Attorney General of Indiana, Frank J. Kelley, Attorney General of Michigan, Hubert H. Humphrey III, Attorney General of Minnesota, Stephen E. Merrill, Attorney General of New Hampshire, E. Cary Edwards, Attorney General of New Jersey, Lacy H. Thornburg, Attorney General of North Carolina, and T. Travis Medlock, Attorney General of South Carolina.
Petitioner Joseph Griffin, who was on probation, had his home searched by probation officers acting without a warrant. The officers found a gun that later served as the basis of Griffin‘s conviction of a state-law weapons offense. We granted certiorari, 479 U. S. 1005 (1986), to consider whether this search violated the Fourth Amendment.
I
On September 4, 1980, Griffin, who had previously been convicted of a felony, was convicted in Wisconsin state court of resisting arrest, disorderly conduct, and obstructing an officer. He was placed on probation.
Wisconsin law puts probationers in the legal custody of the State Department of Health and Social Services and renders them “subject . . . to . . . conditions set by the court and rules and regulations established by the department.”
On April 5, 1983, while Griffin was still on probation, Michael Lew, the supervisor of Griffin‘s probation officer, received information from a detective on the Beloit Police Department that there were or might be guns in Griffin‘s apartment. Unable to secure the assistance of Griffin‘s own probation officer, Lew, accompanied by another probation officer and three plainclothes policemen, went to the apartment. When Griffin answered the door, Lew told him who they were and informed him that they were going to search his home. During the subsequent search—carried out entirely by the probation officers under the authority of Wisconsin‘s probation regulation—they found a handgun.
On further appeal, the Wisconsin Supreme Court also affirmed. It found denial of the suppression motion proper because probation diminishes a probationer‘s reasonable expectation of privacy—so that a probation officer may, consistent with the Fourth Amendment, search a probationer‘s home without a warrant, and with only “reasonable grounds” (not probable cause) to believe that contraband is present. It held that the “reasonable grounds” standard of Wisconsin‘s search regulation satisfied this “reasonable grounds” standard of the Federal Constitution, and that the detective‘s tip established “reasonable grounds” within the meaning of the regulation, since it came from someone who had no reason to supply inaccurate information, specifically identified Griffin, and suggested a need to verify Griffin‘s compliance with state law. 131 Wis. 2d 41, 52-64, 388 N. W. 2d 535, 539-544 (1986).
II
We think the Wisconsin Supreme Court correctly concluded that this warrantless search did not violate the Fourth Amendment. To reach that result, however, we find it unnecessary to embrace a new principle of law, as the Wisconsin court evidently did, that any search of a probationer‘s home by a probation officer satisfies the Fourth Amendment as long as the information possessed by the officer satisfies a federal “reasonable grounds” standard. As his sentence for the commission of a crime, Griffin was committed to the legal custody of the Wisconsin State Department of Health and
A
A probationer‘s home, like anyone else‘s, is protected by the Fourth Amendment‘s requirement that searches be “reasonable.” Although we usually require that a search be undertaken only pursuant to a warrant (and thus supported by probable cause, as the Constitution says warrants must be), see, e. g., Payton v. New York, 445 U. S. 573, 586 (1980), we have permitted exceptions when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” New Jersey v. T. L. O., 469 U. S. 325, 351 (1985) (BLACKMUN, J., concurring in judgment). Thus, we have held that government employers and supervisors may conduct warrantless, work-related searches of employees’ desks and offices without probable cause, O‘Connor v. Ortega, 480 U. S. 709 (1987), and that school officials may conduct warrantless searches of some student property, also without probable cause, New Jersey v. T. L. O., supra. We have also held, for similar reasons, that in certain circumstances government investigators conducting searches pursuant to a regulatory scheme need not adhere to the usual warrant or probable-cause requirements as long as their searches meet “reasonable legislative or administrative standards.” Camara v. Municipal Court, 387 U. S. 523, 538 (1967). See New York v. Burger, 482 U. S. 691, 702-703 (1987); Donovan v. Dewey, 452 U. S. 594, 602 (1981); United States v. Biswell, 406 U. S. 311, 316 (1972).
A State‘s operation of a probation system, like its operation of a school, government office or prison, or its supervision of a regulated industry, likewise presents “special
B
In determining whether the “special needs” of its probation system justify Wisconsin‘s search regulation, we must take that regulation as it has been interpreted by state corrections officials and state courts. As already noted, the Wisconsin Supreme Court—the ultimate authority on issues of Wisconsin law—has held that a tip from a police detective that Griffin “had” or “may have had” an illegal weapon at his home constituted the requisite “reasonable grounds.” See 131 Wis. 2d, at 64, 388 N. W. 2d, at 544. Whether or not we would choose to interpret a similarly worded federal regulation in that fashion, we are bound by the state court‘s interpretation, which is relevant to our constitutional analysis only insofar as it fixes the meaning of the regulation.3 We
A warrant requirement would interfere to an appreciable degree with the probation system, setting up a magistrate rather than the probation officer as the judge of how close a supervision the probationer requires. Moreover, the delay inherent in obtaining a warrant would make it more difficult for probation officials to respond quickly to evidence of misconduct, see New Jersey v. T. L. O., 469 U. S., at 340, and would reduce the deterrent effect that the possibility of expeditious searches would otherwise create, see New York v. Burger, 482 U. S., at 710; United States v. Biswell, 406 U. S., at 316. By way of analogy, one might contemplate how parental custodial authority would be impaired by requiring judicial approval for search of a minor child‘s room. And on the other side of the equation—the effect of dispensing with a warrant upon the probationer: Although a probation officer is not an impartial magistrate, neither is he the police officer who normally conducts searches against the ordinary citizen. He is an employee of the State Department of Health and Social Services who, while assuredly charged with protecting the public interest, is also supposed to have in mind the welfare of the probationer (who in the regulations is called a “client,” HSS § 328.03(5)). The applicable regulations require him, for example, to “[p]rovid[e] individualized counseling designed to foster growth and development of the client as necessary,” HSS § 328.04(2)(i), and “[m]onito[r] the
JUSTICE BLACKMUN‘s dissent would retain a judicial warrant requirement, though agreeing with our subsequent conclusion that reasonableness of the search does not require probable cause. This, however, is a combination that neither the text of the Constitution nor any of our prior decisions permits. While it is possible to say that Fourth Amendment reasonableness demands probable cause without a judicial warrant, the reverse runs up against the constitutional provision that “no Warrants shall issue, but upon probable cause.”
We think that the probation regime would also be unduly disrupted by a requirement of probable cause. To take the facts of the present case, it is most unlikely that the unauthenticated tip of a police officer—bearing, as far as the record shows, no indication whether its basis was firsthand knowledge or, if not, whether the firsthand source was reliable, and merely stating that Griffin “had or might have” guns in his residence, not that he certainly had them—would meet the ordinary requirement of probable cause. But this is different from the ordinary case in two related respects: First, even more than the requirement of a warrant, a probable-cause requirement would reduce the deterrent effect of the supervisory arrangement. The probationer would be assured that so long as his illegal (and perhaps socially dangerous) activities were sufficiently concealed as to give rise to no more than reasonable suspicion, they would go undetected and uncorrected. The second difference is well reflected in the regulation specifying what is to be considered “[i]n deciding whether there are reasonable grounds to believe . . . a client‘s living quarters or property contain contraband,” HSS § 328.21(7). The factors include not only the usual elements that a police officer or magistrate would consider, such as the detail and consistency of the information suggesting the presence of contraband and the reliability and motivation to dissemble of the informant, HSS §§ 328.21(7)(c), (d), but also “[i]nformation provided by the client which is relevant to whether the client possesses contraband,” and “[t]he experience of a staff member with that client or in a
In such circumstances it is both unrealistic and destructive of the whole object of the continuing probation relationship to insist upon the same degree of demonstrable reliability of particular items of supporting data, and upon the same degree of certainty of violation, as is required in other contexts. In some cases—especially those involving drugs or illegal weapons—the probation agency must be able to act based upon a lesser degree of certainty than the Fourth Amendment would otherwise require in order to intervene before a probationer does damage to himself or society. The agency, moreover, must be able to proceed on the basis of its entire experience with the probationer, and to assess probabilities in the light of its knowledge of his life, character, and circumstances.
To allow adequate play for such factors, we think it reasonable to permit information provided by a police officer,7
The search of Griffin‘s residence was “reasonable” within the meaning of the Fourth Amendment because it was conducted pursuant to a valid regulation governing probationers. This conclusion makes it unnecessary to consider whether, as the court below held and the State urges, any search of a probationer‘s home by a probation officer is lawful when there are “reasonable grounds” to believe contraband is present. For the foregoing reasons, the judgment of the Wisconsin Supreme Court is
Affirmed.
In ruling that the home of a probationer may be searched by a probation officer without a warrant, the Court today takes another step that diminishes the protection given by the Fourth Amendment to the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In my view, petitioner‘s probationary status provides no reason to abandon the warrant requirement. The probation system‘s special law enforcement needs may justify a search by a probation officer on the basis of “reasonable suspicion,” but even that standard was not met in this case.
I
The need for supervision in probation presents one of the “exceptional circumstances in which special needs, beyond the normal need for law enforcement,” New Jersey v. T. L. O., 469 U. S. 325, 351 (1985) (opinion concurring in judgment), justify an application of the Court‘s balancing test and an examination of the practicality of the warrant and probable-cause requirements. The Court, however, fails to recognize that this is a threshold determination of special law enforcement needs. The warrant and probable-cause requirements provide the normal standard for “reasonable” searches. “[O]nly when the practical realities of a particular situation suggest that a government official cannot obtain a warrant based upon probable cause without sacrificing the ultimate goals to which a search would contribute, does the Court turn to a ‘balancing’ test to formulate a standard of reasonableness for this context.” O‘Connor v. Ortega, 480 U. S. 709, 741 (1987) (dissenting opinion). The presence of special law enforcement needs justifies resort to the balancing test, but it does not preordain the necessity of recognizing exceptions to the warrant and probable-cause requirements.
A
The probation officer is not dealing with an average citizen, but with a person who has been convicted of a crime.2 This presence of an offender in the community creates the need for special supervision. I therefore agree that a probation agent must have latitude in observing a probationer if the agent is to carry out his supervisory responsibilities effectively. Re
One important aspect of supervision is the monitoring of a probationer‘s compliance with the conditions of his probation. In order to ensure compliance with those conditions, a probation agent may need to search a probationer‘s home to check for violations. While extensive inquiry may be required to gather the information necessary to establish probable cause that a violation has occurred, a “reasonable grounds” standard allows a probation agent to avoid this delay and to intervene at an earlier stage of suspicion. This standard is thus consistent with the level of supervision necessary to protect the public and to aid rehabilitation. At the same time, if properly applied, the standard of reasonable suspicion will protect a probationer from unwarranted intrusions into his privacy.
B
I do not think, however, that special law enforcement needs justify a modification of the protection afforded a probationer‘s privacy by the warrant requirement. The search in this case was conducted in petitioner‘s home, the place that traditionally has been regarded as the center of a person‘s private life, the bastion in which one has a legitimate expectation of privacy protected by the Fourth Amendment. See Silverman v. United States, 365 U. S. 505, 511 (1961) (“At the very core [of the Fourth Amendment] stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion“). The Court consistently has held that warrantless searches and seizures in a home violate the Fourth Amendment absent consent or exigent circumstances. See, e. g., United States v. Karo, 468 U. S. 705, 714-715 (1984); Steagald v. United States, 451 U. S. 204 (1981) (arrest warrant inadequate for
“It is axiomatic that the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.’ United States v. United States District Court, 407 U. S. 297, 313 (1972). And a principal protection against unnecessary intrusions into private dwellings is the warrant requirement imposed by the Fourth Amendment on agents of the government who seek to enter the home for purposes of search or arrest. It is not surprising, therefore, that the Court has recognized, as ‘a “basic principle of Fourth Amendment law[,]” that searches and seizures inside a home without a warrant are presumptively unreasonable.’ Payton v. New York, 445 U. S., at 586.” Welsh v. Wisconsin, 466 U. S. 740, 748-749 (1984) (footnote and citation omitted).
The administrative-inspection cases are inapposite to a search of a home. Each of the cases that this Court has found to fall within the exception to the administrative-warrant requirement has concerned the lesser expectation of privacy attached to a “closely regulated” business. See, e. g., New York v. Burger, 482 U. S. 691 (1987) (vehicle dismantlers); Donovan v. Dewey, 452 U. S. 594 (1981) (mines); United States v. Biswell, 406 U. S. 311 (1972) (gun dealers). The reasoning that may justify an administrative inspection without a warrant in the case of a business enterprise simply does not extend to the invasion of the special privacy the Court has recognized for the home.
A probationer usually lives at home, and often, as in this case, with a family. He retains a legitimate privacy interest in the home that must be respected to the degree that it is not incompatible with substantial governmental needs. The Court in New Jersey v. T. L. O. acknowledged that the Fourth Amendment issue needs to be resolved in such a way
The search in this case was not the result of an ordinary home visit by petitioner‘s probation agent for which no warrant is required. Cf. Wyman v. James, 400 U. S. 309 (1971). It was a search pursuant to a tip, ostensibly from the police, for the purpose of uncovering evidence of a criminal violation. There is nothing about the status of probation that justifies a special exception to the warrant requirement under these circumstances. If in a particular case there is a compelling need to search the home of a probationer without delay, then it is possible for a search to be conducted immediately under the established exception for exigent circumstances. There is no need to create a separate warrant exception for probationers. The existing exception provides a probation agent with all the flexibility the agent needs.
The circumstances of this case illustrate the fact that the warrant requirement does not create any special impediment to the achievement of the goals of probation. The probation supervisor, Michael T. Lew, waited “[t]wo or three hours” after receiving the telephone tip before he proceeded to petitioner‘s home to conduct the search. App. 16. He testified that he was waiting for the return of petitioner‘s official agent who was attending a legal proceeding, and that eventually he requested another probation agent to initiate the search. Id., at 16, 51. Mr. Lew thus had plenty of time to obtain a search warrant. If the police themselves had investigated the report of a gun at petitioner‘s residence, they would have been required to obtain a warrant. There simply was no compelling reason to abandon the safeguards provided by neutral review.
The Court also justifies the exception to the warrant requirement that it would find in the Wisconsin regulations by stressing the need to have a probation agent, rather than a judge, decide how closely supervised a particular probationer should be. See ante, at 876. This argument mistakes the nature of the search at issue. The probation agent retains discretion over the terms of a probationer‘s supervision—the warrant requirement introduces a judge or a magistrate into the decision only when a full-blown search for evidence of a criminal violation is at stake. The Court‘s justification for the conclusion that the warrant requirement would interfere with the probation system by way of an analogy to the authority possessed by parents over their children is completely unfounded. The difference between the two situations is too obvious to belabor. Unlike the private nature of a parent‘s interaction with his or her child, the probation system is a
C
The Court concludes that the search of petitioner‘s home satisfied the requirements of the Fourth Amendment “because it was carried out pursuant to a regulation that itself satisfies the Fourth Amendment‘s reasonableness requirement under well-established principles.” Ante, at 873. In the Court‘s view, it seems that only the single regulation requiring “reasonable grounds” for a search is relevant to its decision. Ante, at 880, n. 8. When faced with the patent failure of the probation agents to comply with the Wisconsin regulations, the Court concludes that it “is irrelevant to the case before us” that the probation agents “may have violated Wisconsin state regulations.” Ibid. All of these other regulations, which happen to define the steps necessary to ensure that reasonable grounds are present, can be ignored. This conclusion that the existence of a facial requirement for “reasonable grounds” automatically satisfies the constitutional protection that a search be reasonable can only be termed tautological. The content of a standard is found in its application and, in this case, I cannot discern the application of any standard whatsoever.
The suspicion in this case was based on an unverified tip from an unknown source. With or without the Wisconsin regulation, such information cannot constitutionally justify a search. Mr. Lew testified that he could not recall which police officer called him with the information about the gun, although he thought it “probably” was Officer Pittner. App. 16. Officer Pittner, however, did not remember making any
Even assuming that a police officer spoke to Mr. Lew, there was little to demonstrate the reliability of the information he received from that unknown officer. The record does not reveal even the precise content of the tip. The unknown officer actually may have reported that petitioner “had” contraband in his possession, id., at 51, or he merely may have suggested that petitioner “may have had guns in his apartment.” Id., at 14. Mr. Lew testified to both at different stages of the proceedings. Nor do we know anything about the ultimate source of the information. The unknown officer‘s belief may have been founded on a hunch, a rumor, or an informant‘s tip. Without knowing more about the basis of the tip, it is impossible to form a conclusion, let alone a reasonable conclusion, that there were “reasonable grounds” to justify a search.
Mr. Lew failed completely to make the most rudimentary effort to confirm the information he had received or to evaluate whether reasonable suspicion justified a search. Conspicuously absent was any attempt to comply with the Wisconsin regulations that governed the content of the “reasonable grounds” standard. Wis. Admin. Code HSS § 328.21(7) (1981).3 No observations of a staff member could
The majority acknowledges that it is “most unlikely” that the suspicion in this case would have met the normal “probable cause” standard. Ante, at 878. It concludes, however, that this is not an “ordinary” case because of the need for supervision and the continuing relationship between the probationer and the probation agency. Ibid. In view of this con
II
There are many probationers in this country, and they have committed crimes that range widely in seriousness. The Court has determined that all of them may be subjected to such searches in the absence of a warrant. Moreover, in authorizing these searches on the basis of a reduced level of suspicion, the Court overlooks the feeble justification for the search in this case.
I respectfully dissent.
JUSTICE STEVENS, with whom JUSTICE MARSHALL joins, dissenting.
Mere speculation by a police officer that a probationer “may have had” contraband in his possession is not a constitutionally sufficient basis for a warrantless, nonconsensual search of a private home. I simply do not understand how five Members of this Court can reach a contrary conclusion. Accordingly, I respectfully dissent.