griffin wisconsin argued april decided june wisconsin law places probationers legal custody state department health social services renders subject conditions set rules regulations established department one regulation permits probation officer search probationer home without warrant long supervisor approves long reasonable grounds believe presence contraband determining whether reasonable grounds exist officer must consider variety factors including information provided informant reliability specificity information informant reliability officer experience probationer need verify compliance rules probation law another regulation forbids probationer possess firearm without probation officer advance approval upon information received police detective might guns petitioner probationer apartment probation officers searched apartment found handgun petitioner tried convicted felony possession firearm convicted felon state trial denied motion suppress evidence seized search concluding warrant necessary search reasonable state appeals state affirmed held warrantless search petitioner residence reasonable within meaning fourth amendment conducted pursuant regulation reasonable response special needs probation system pp supervision probationers special need state may justify departures usual warrant requirements supervision necessary ensure probation restrictions fact observed probation serves genuine rehabilitation period community harmed probationer large pp search regulation valid special needs wisconsin probation system make warrant requirement impracticable justify replacement standard regulation reasonable grounds standard reasonable dispense warrant requirement since requirement interfere appreciable degree probation system setting magistrate rather probation officer determiner closely probationer must supervised making difficult probation officials respond quickly evidence misconduct reducing deterrent effect possibility expeditious searches otherwise create moreover unlike police officer conducts ordinary search probation officer required probationer welfare particularly mind requirement unduly disrupt probation system reducing deterrent effect supervisory arrangement lessening range information probation officer consider deciding whether search probation agency must able act based upon lesser degree certainty order intervene probationer damages society must able proceed basis entire experience probationer assess probabilities light knowledge life character circumstances thus reasonable permit information provided police officer whether basis firsthand knowledge support probationary search required information provided indicates likelihood facts justifying search pp conclusion regulation question constitutional makes unnecessary consider whether search probationer home lawful reasonable grounds believe contraband present scalia delivered opinion rehnquist white powell joined blackmun filed dissenting opinion marshall joined parts brennan joined part stevens joined post stevens filed dissenting opinion marshall joined post alan habermehl appointment argued cause filed briefs petitioner barry levenson assistant attorney general wisconsin argued cause respondent brief donald hanaway attorney general arthur eisenberg filed brief american civil liberties union et al amici curiae urging reversal solicitor general fried assistant attorney general weld deputy solicitor general bryson richard taranto kathleen felton filed brief amicus curiae urging affirmance briefs amici curiae filed state california john van de kamp attorney general steve white chief assistant attorney general ronald niver stan helfman deputy attorneys general state new york et al robert abrams attorney general new york peter sherwood solicitor general lawrence kahn deputy solicitor general judith kramer assistant attorney general robert corbin attorney general arizona john kelly chief state attorney connecticut charles oberly iii attorney general delaware robert butterworth attorney general florida james jones attorney general idaho neil hartigan attorney general illinois linley pearson attorney general indiana frank kelley attorney general michigan hubert humphrey iii attorney general minnesota stephen merrill attorney general new hampshire cary edwards attorney general new jersey lacy thornburg attorney general north carolina travis medlock attorney general south carolina justice scalia delivered opinion petitioner joseph griffin probation home searched probation officers acting without warrant officers found gun later served basis griffin conviction weapons offense granted certiorari consider whether search violated fourth amendment september griffin previously convicted felony convicted wisconsin state resisting arrest disorderly conduct obstructing officer placed probation wisconsin law puts probationers legal custody state department health social services renders subject conditions set rules regulations established department stat one department regulations permits probation officer search probationer home without warrant long supervisor approves long reasonable grounds believe presence contraband including item probationer possess probation conditions admin code hss rule provides officer consider variety factors determining whether reasonable grounds exist among information provided informant reliability specificity information reliability informant including whether informant incentive supply inaccurate information officer experience probationer need verify compliance rules supervision state federal law hss another regulation makes violation terms probation refuse consent home search hss still another forbids probationer possess firearm without advance approval probation officer hss april griffin still probation michael lew supervisor griffin probation officer received information detective beloit police department might guns griffin apartment unable secure assistance griffin probation officer lew accompanied another probation officer three plainclothes policemen went apartment griffin answered door lew told informed going search home subsequent search carried entirely probation officers authority wisconsin probation regulation found handgun griffin charged possession firearm convicted felon felony stat moved suppress evidence seized search trial denied motion concluding warrant necessary search reasonable jury convicted griffin firearms violation sentenced two years imprisonment conviction affirmed wisconsin appeals appeal wisconsin also affirmed found denial suppression motion proper probation diminishes probationer reasonable expectation privacy probation officer may consistent fourth amendment search probationer home without warrant reasonable grounds probable cause believe contraband present held reasonable grounds standard wisconsin search regulation satisfied reasonable grounds standard federal constitution detective tip established reasonable grounds within meaning regulation since came someone reason supply inaccurate information specifically identified griffin suggested need verify griffin compliance state law ii think wisconsin correctly concluded warrantless search violate fourth amendment reach result however find unnecessary embrace new principle law wisconsin evidently search probationer home probation officer satisfies fourth amendment long information possessed officer satisfies federal reasonable grounds standard sentence commission crime griffin committed legal custody wisconsin state department health social services thereby made subject department rules regulations search griffin home satisfied demands fourth amendment carried pursuant regulation satisfies fourth amendment reasonableness requirement principles probationer home like anyone else protected fourth amendment requirement searches reasonable although usually require search undertaken pursuant warrant thus supported probable cause constitution says warrants must see payton new york permitted exceptions special needs beyond normal need law enforcement make warrant requirement impracticable new jersey blackmun concurring judgment thus held government employers supervisors may conduct warrantless searches employees desks offices without probable cause ortega school officials may conduct warrantless searches student property also without probable cause new jersey supra also held similar reasons certain circumstances government investigators conducting searches pursuant regulatory scheme need adhere usual warrant requirements long searches meet reasonable legislative administrative standards camara municipal see new york burger donovan dewey biswell state operation probation system like operation school government office prison supervision regulated industry likewise presents special needs beyond normal law enforcement may justify departures usual warrant requirements probation like incarceration form criminal sanction imposed upon offender verdict finding plea guilty killinger kerper cromwell probation parole criminal justice system see also ed supp iii probation imposed instead imprisonment stat probation simply one point accurately one set points continuum possible punishments ranging solitary confinement facility hours mandatory community service number different options lie extremes including confinement facility programs halfway houses probation less confining depending upon number severity restrictions imposed see supp iii effective probation conditions authorized federal system include requiring probationers avoid commission crimes pursue employment avoid certain occupations places people spend evenings weekends prison avoid narcotics excessive use alcohol greater lesser degree always true probationers said true parolees enjoy absolute liberty every citizen entitled conditional liberty properly dependent observance special probation restrictions morrissey brewer restrictions meant assure probation serves period genuine rehabilitation community harmed probationer large see state tarrell goals require justify exercise supervision assure restrictions fact observed recent research suggests intensive supervision reduce recidivism see petersilia probation felony offenders fed probation june importance supervision grown probation become increasingly common sentence convicted serious crimes see supervision special need state permitting degree impingement upon privacy constitutional applied public large permissible degree unlimited however next turn whether exceeded determining whether special needs probation system justify wisconsin search regulation must take regulation interpreted state corrections officials state courts already noted wisconsin ultimate authority issues wisconsin law held tip police detective griffin may illegal weapon home constituted requisite reasonable grounds see whether choose interpret similarly worded federal regulation fashion bound state interpretation relevant constitutional analysis insofar fixes meaning regulation think clear special needs wisconsin probation system make warrant requirement impracticable justify replacement standard probable cause reasonable grounds defined wisconsin warrant requirement interfere appreciable degree probation system setting magistrate rather probation officer judge close supervision probationer requires moreover delay inherent obtaining warrant make difficult probation officials respond quickly evidence misconduct see new jersey reduce deterrent effect possibility expeditious searches otherwise create see new york burger biswell way analogy one might contemplate parental custodial authority impaired requiring judicial approval search minor child room side equation effect dispensing warrant upon probationer although probation officer impartial magistrate neither police officer normally conducts searches ordinary citizen employee state department health social services assuredly charged protecting public interest also supposed mind welfare probationer regulations called client hss applicable regulations require example rovid individualized counseling designed foster growth development client necessary hss onito client progress services provided another agency evaluat need continuation services hss setting think reasonable dispense warrant requirement justice blackmun dissent retain judicial warrant requirement though agreeing subsequent conclusion reasonableness search require probable cause however combination neither text constitution prior decisions permits possible say fourth amendment reasonableness demands probable cause without judicial warrant reverse runs constitutional provision warrants shall issue upon probable cause amdt constitution prescribes words matter nature require judicial warrant also nature require probable cause although arguably come permit exception prescription administrative search warrants may necessarily issued courts never done constitutionally mandated judicial warrants remains true search warrant constitutionally required requirement flexibly interpreted dispense rigorous constitutional restrictions issue frank maryland justice blackmun neither gives justification departure principle considers implications body fourth amendment law think probation regime also unduly disrupted requirement probable cause take facts present case unlikely unauthenticated tip police officer bearing far record shows indication whether basis firsthand knowledge whether firsthand source reliable merely stating griffin might guns residence certainly meet ordinary requirement probable cause different ordinary case two related respects first even requirement warrant requirement reduce deterrent effect supervisory arrangement probationer assured long illegal perhaps socially dangerous activities sufficiently concealed give rise reasonable suspicion go undetected uncorrected second difference well reflected regulation specifying considered deciding whether reasonable grounds believe client living quarters property contain contraband hss factors include usual elements police officer magistrate consider detail consistency information suggesting presence contraband reliability motivation dissemble informant hss also nformation provided client relevant whether client possesses contraband experience staff member client similar circumstance hss true ortega new jersey deal situation ongoing supervisory relationship one least entirely adversarial object search decisionmaker circumstances unrealistic destructive whole object continuing probation relationship insist upon degree demonstrable reliability particular items supporting data upon degree certainty violation required contexts cases especially involving drugs illegal weapons probation agency must able act based upon lesser degree certainty fourth amendment otherwise require order intervene probationer damage society agency moreover must able proceed basis entire experience probationer assess probabilities light knowledge life character circumstances allow adequate play factors think reasonable permit information provided police officer whether basis firsthand knowledge support probationer search conclusion suggested fact police may unwilling disclose confidential sources probation personnel reason also assumption institution probation probationer need rehabilitation likely ordinary citizen violate law think enough information provided indicates likelihood might guns facts justifying search search griffin residence reasonable within meaning fourth amendment conducted pursuant valid regulation governing probationers conclusion makes unnecessary consider whether held state urges search probationer home probation officer lawful reasonable grounds believe contraband present foregoing reasons judgment wisconsin affirmed footnotes recently held prison regulations allegedly infringing constitutional rights constitutional long reasonably related legitimate penological interests estate shabazz quoting turner safley occasion case decide whether general matter test applies probation regulations well regulation question established standard conduct probationer conform pain penalty restriction movements state constitutionally adopt unnatural interpretation language regulation fail provide adequate notice cf kolender lawson lambert california issue since even though petitioner violation probation conditions subject penalties entails failed consent search regulation authorized see hss nothing regulation elsewhere required advised time request search probation officer reasonable grounds ordinary citizen notified grounds probable cause exigent circumstances searches may undertaken administrative search context formally require administrative warrants supported probable cause context use term referring quantum evidence merely requirement reasonableness see marshall barlow camara municipal contexts however use probable cause refer quantum evidence belief justifying search distinguished lesser quantum reasonable suspicion see ortega plurality new jersey plainly sense dissent uses term see post less probable cause means reduced level suspicion see marshall barlow supra hold act unconstitutional insofar purports authorize inspections without warrant equivalent neutral magistrate camara supra neutral officer marshall barlow supra envisioned administrative search cases necessarily neutral judge post envisioned dissent irrelevant whether probation authorities relied upon peculiar knowledge possessed petitioner deciding conduct present search discussion pertains reasons generally supporting proposition search decision left expertise probation authorities rather magistrate supportable lesser quantum concrete evidence justifying suspicion required establish probable cause reasons may obtain particular case consequence may note nonetheless dissenters error assert fact probation authorities made use special knowledge present case post know certain petitioner probation officer reached whether material contained petitioner probation file used appear dissenters speculate information might come police someone impersonating officer post trial however found matter fact lew received tip relied police officer see wisconsin affirmed finding neither petitioner dissenters assert clearly erroneous dissenters assert search comport governing wisconsin regulations reasonable grounds wisconsin find need belabor since regulation upon rely constitutional decision permits warrantless search reasonable grounds wisconsin found requirement reasonable grounds met facts case discussed earlier hold requirement interpreted meets constitutional minimum standards well procedures followed although establishing reasonable grounds wisconsin law adequate federal constitutional standards may violated wisconsin state regulations irrelevant case us justice blackmun justice marshall joins parts justice brennan joins part justice stevens joins dissenting ruling home probationer may searched probation officer without warrant today takes another step diminishes protection given fourth amendment right people secure persons houses papers effects unreasonable searches seizures view petitioner probationary status provides reason abandon warrant requirement probation system special law enforcement needs may justify search probation officer basis reasonable suspicion even standard met case need supervision probation presents one exceptional circumstances special needs beyond normal need law enforcement new jersey opinion concurring judgment justify application balancing test examination practicality warrant requirements however fails recognize threshold determination special law enforcement needs warrant requirements provide normal standard reasonable searches nly practical realities particular situation suggest government official obtain warrant based upon probable cause without sacrificing ultimate goals search contribute turn balancing test formulate standard reasonableness context ortega dissenting opinion presence special law enforcement needs justifies resort balancing test preordain necessity recognizing exceptions warrant requirements application balancing test leads conclude special law enforcement needs justify search probation agent home probationer basis reduced level suspicion acknowledged need supervision however also justify exception warrant requirement retain means protecting probationer privacy moreover necessity neutral check provided warrant requirement demonstrated case search conducted basis information begin approach level reasonable grounds probation officer dealing average citizen person convicted crime presence offender community creates need special supervision therefore agree probation agent must latitude observing probationer agent carry supervisory responsibilities effectively recidivism among probationers major problem supervision one means combating threat see ante supervision also provides crucial means advancing rehabilitation allowing probation agent intervene first sign trouble one important aspect supervision monitoring probationer compliance conditions probation order ensure compliance conditions probation agent may need search probationer home check violations extensive inquiry may required gather information necessary establish probable cause violation occurred reasonable grounds standard allows probation agent avoid delay intervene earlier stage suspicion standard thus consistent level supervision necessary protect public aid rehabilitation time properly applied standard reasonable suspicion protect probationer unwarranted intrusions privacy think however special law enforcement needs justify modification protection afforded probationer privacy warrant requirement search case conducted petitioner home place traditionally regarded center person private life bastion one legitimate expectation privacy protected fourth amendment see silverman core fourth amendment stands right man retreat home free unreasonable governmental intrusion consistently held warrantless searches seizures home violate fourth amendment absent consent exigent circumstances see karo steagald arrest warrant inadequate search home third party payton new york warrantless arrest suspect home unconstitutional axiomatic physical entry home chief evil wording fourth amendment directed district principal protection unnecessary intrusions private dwellings warrant requirement imposed fourth amendment agents government seek enter home purposes search arrest surprising therefore recognized basic principle fourth amendment law searches seizures inside home without warrant presumptively unreasonable payton new york welsh wisconsin citation omitted probationer usually lives home often case family retains legitimate privacy interest home must respected degree incompatible substantial governmental needs new jersey acknowledged fourth amendment issue needs resolved way ensure privacy interests students invaded necessary achieve legitimate end preserving order schools privacy interests probationers protected similar standard invaded necessary satisfy probation dual goals protecting public safety encouraging rehabilitation probationer search case result ordinary home visit petitioner probation agent warrant required cf wyman james search pursuant tip ostensibly police purpose uncovering evidence criminal violation nothing status probation justifies special exception warrant requirement circumstances particular case compelling need search home probationer without delay possible search conducted immediately established exception exigent circumstances need create separate warrant exception probationers existing exception provides probation agent flexibility agent needs circumstances case illustrate fact warrant requirement create special impediment achievement goals probation probation supervisor michael lew waited wo three hours receiving telephone tip proceeded petitioner home conduct search app testified waiting return petitioner official agent attending legal proceeding eventually requested another probation agent initiate search lew thus plenty time obtain search warrant police investigated report gun petitioner residence required obtain warrant simply compelling reason abandon safeguards provided neutral review appears hold curious assumption probationer benefit dispensing warrant requirement notes probation officer normally conduct searches police officer moreover officer supposed mind welfare probationer ante implication probation agent less likely initiate inappropriate search officer thus less need neutral review even data support notion reduced need review justify complete removal warrant requirement furthermore benefit probationer supposed gain probation rehabilitation fail see role probation agent foster ing growth development client quoting admin code hss enhanced slightest bit ability conduct search without checks provided prior neutral review anything power decide search prove barrier establishing degree trust agent client also justifies exception warrant requirement find wisconsin regulations stressing need probation agent rather judge decide closely supervised particular probationer see ante argument mistakes nature search issue probation agent retains discretion terms probationer supervision warrant requirement introduces judge magistrate decision search evidence criminal violation stake justification conclusion warrant requirement interfere probation system way analogy authority possessed parents children completely unfounded difference two situations obvious belabor unlike private nature parent interaction child probation system governmental operation explicit standards experience shown neutral judge best determine standards met search justified case provides excellent illustration need neutral review probation officer decision conduct search obvious search justified even reduced standard reasonable suspicion concludes search petitioner home satisfied requirements fourth amendment carried pursuant regulation satisfies fourth amendment reasonableness requirement principles ante view seems single regulation requiring reasonable grounds search relevant decision ante faced patent failure probation agents comply wisconsin regulations concludes irrelevant case us probation agents may violated wisconsin state regulations ibid regulations happen define steps necessary ensure reasonable grounds present ignored conclusion existence facial requirement reasonable grounds automatically satisfies constitutional protection search reasonable termed tautological content standard found application case discern application standard whatsoever suspicion case based unverified tip unknown source without wisconsin regulation information constitutionally justify search lew testified recall police officer called information gun although thought probably officer pittner app officer pittner however remember making telephone call record reveals call placed anyone even plausible information come police someone impersonating officer even assuming police officer spoke lew little demonstrate reliability information received unknown officer record reveal even precise content tip unknown officer actually may reported petitioner contraband possession merely may suggested petitioner may guns apartment lew testified different stages proceedings know anything ultimate source information unknown officer belief may founded hunch rumor informant tip without knowing basis tip impossible form conclusion let alone reasonable conclusion reasonable grounds justify search lew failed completely make rudimentary effort confirm information received evaluate whether reasonable suspicion justified search conspicuously absent attempt comply wisconsin regulations governed content reasonable grounds standard admin code hss observations staff member considered required subsection lew consult agent personal knowledge petitioner case information provided informant subsections required evaluation reliability information relied upon reliability informant lew proceeded violation basic requirements subsection referred information provided client explanatory notes stated client talked search sometimes elicit information helpful determining whether search made requirement ignored considerations support finding reasonable grounds conduct search indication prior seizures contraband petitioner case presented special need verify compliance law see majority acknowledges unlikely suspicion case met normal probable cause standard ante concludes however ordinary case need supervision continuing relationship probationer probation agency ibid view continuing relationship regulations mandated consideration factors go beyond normally considered determining probable cause include information provided probationer experience staff member probationer unless agency adheres regulations sophistic rely justification conducting search lesser degree suspicion lew drew special knowledge petitioner deciding search house contact agent familiar petitioner case commencing search discussed slightest attempt obtain information petitioner case continuing relationship petitioner agency supply support suspicion reasonable otherwise justify search petitioner home ii many probationers country committed crimes range widely seriousness determined may subjected searches absence warrant moreover authorizing searches basis reduced level suspicion overlooks feeble justification search case respectfully dissent need deny protection provided warrant requirement simply search justified less probable cause recognizes administrative warrants issued less probable cause concludes never case judicial warrants ante conclusion overlooks fact administrative warrants issued judiciary see camara municipal questions may reviewed neutral magistrate marshall barlow warrant requirement inspection impose serious burdens courts warrant provide assurances neutral officer inspection reasonable constitution find curious however reference constitutional standard review prison regulations neither party argued applicable case plainly justification importing automatically probation context special constitutional standards necessitated essential goals maintaining institutional security preserving internal order discipline inside walls prison bell wolfish probationer confinement version regulations cited provided deciding whether reasonable grounds believe client possesses contraband client living quarters property contain contraband staff member consider observations staff member information provided informant reliability information relied evaluating reliability attention given whether information detailed consistent whether corroborated reliability informant evaluating reliability attention given whether informant supplied reliable information past whether informant reason supply inaccurate information activity client relates whether client might possess contraband information provided client relevant whether client possesses contraband experience staff member client similar circumstance prior seizures contraband client need verify compliance rules supervision state federal law admin code hss justice stevens justice marshall joins dissenting mere speculation police officer probationer may contraband possession constitutionally sufficient basis warrantless nonconsensual search private home simply understand five members reach contrary conclusion accordingly respectfully dissent