Does a probationer have a "special needs" that justify warrantless searches on less than probable cause?

California, United States of America


The following excerpt is from Jamont C., In re, 14 Cal.App.4th 95, 17 Cal.Rptr.2d 336 (Cal. App. 1993):

The state's operation of a probation system implicates "special needs" which justify warrantless searches on less than probable cause. (Griffin v. Wisconsin, supra, 483 U.S. at pp. 873-874, 107 S.Ct. at pp. 3168-3169.) The protection against invasions of privacy offered by the warrant and probable cause requirements of the Fourth Amendment which probationers would otherwise enjoy is outweighed by the government's legitimate interests in rehabilitating probationers and protecting the public from further victimization. 3 (Id. at pp. 874-875, 107 S.Ct. at pp. 3168-3169.)

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