Please ensure Javascript is enabled for purposes of website accessibility

Search and Seizure — probation searches

By: WISCONSIN LAW JOURNAL STAFF//August 1, 2014//

Search and Seizure — probation searches

By: WISCONSIN LAW JOURNAL STAFF//August 1, 2014//

Listen to this article

Wisconsin Supreme Court

Criminal

Search and Seizure — probation searches

Where a probationer’s probation officer had reasonable suspicion that he was pursuing a relationship with a 15-year-old girl, the warrantless search of his computer was constitutional.

“We hold the circuit court properly denied Purtell’s motion to suppress. A probation agent’s search of a probationer’s property satisfies the reasonableness requirement of the Fourth Amendment if the probation agent has ‘reasonable grounds’ to believe the probationer’s property contains contraband. Griffin v. Wisconsin, 483 U.S. 868, 872 (1987). The record demonstrates that the probation agent had reasonable grounds to believe Purtell’s computer, which Purtell knowingly possessed in violation of the conditions of his probation, contained contraband. Accordingly, we hold the probation search of the contents of Purtell’s computer did not violate the Fourth Amendment to the United States Constitution or Article I, Section 11 of the Wisconsin Constitution and reverse the decision of the court of appeals.”

Reversed.

2012AP1307-CR State v. Purtell

Gableman, J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; Krahn, Ellen J., Madison; For Respondent: Tarver, Sandra L., Madison

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests