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Individual Rights vs. Special Needs of State

Date Submitted: 11/22/2004 17:32:47
Length: 4 pages (1068 words)
Views: 103561

“(Wisconsin) regulation forbids a probationer to posses a firearm without probation officer’s advance approval” (Syllabus, pg.3165). Petitioner Joseph G. Griffin was convicted of a felony and was on probation when his house was searched for a firearm without a warrant. Wisconsin regulation says probationer’s home (probationer being a special needs case) can be searched without a warrant on the basis of “reasonable grounds” as opposed to probable cause. The probation officer came to …

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…reasonable means all contraband smuggled into the facility,” (Hunter v. Anger, 672 F.2d 668. 674 (8th Cir. 1982))) independent of traditional criminal law enforcement,” (Pg. 1017). By showing that visiting a prison is a special need of the state and citing Griffin v. Romo, “when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impractical,” Tacha is saying that the search of the plaintiff’s car was reasonable according to the Fourth Amendment.

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