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