samson california argued february decided june pursuant california statute requires every prisoner eligible release state parole agree writing subject search seizure parole officer peace officer without search warrant without cause based solely petitioner parolee status officer searched petitioner found methamphetamine trial denied motions suppress evidence convicted possession affirming state appeal held suspicionless searches parolees lawful california law search case reasonable fourth amendment arbitrary capricious harassing held fourth amendment prohibit police officer conducting suspicionless search parolee pp totality circumstances must examined determine whether search reasonable fourth amendment knights reasonableness determined assessing one hand degree search intrudes upon individual privacy degree needed promotion legitimate governmental interests applying approach knights found reasonable warrantless search probationer apartment based reasonable suspicion probation condition authorized california law evaluating degree intrusion knights privacy found probationary status salient observing probation continuum possible punishments probationers enjoy absolute citizens also found probation searches necessary promote legitimate governmental interests integrating probationers back community combating recidivism protecting potential victims balancing interests intrusion reasonable however search predicated probation search condition reasonable suspicion address reasonableness search solely predicated upon probation condition pp parolees continuum punishments fewer expectations privacy probationers parole akin imprisonment probation essence parole release prison completion sentence condition prisoner abides certain rules balance sentence morrissey brewer california system consistent observations inmate electing complete sentence physical custody remains department corrections legal custody remainder term must comply terms conditions parole extent reach conditions demonstrate parolees severely diminished privacy expectations virtue status alone additionally knights state law parole search condition clearly expressed petitioner signed order submitting condition thus unambiguously aware examining totality circumstances petitioner expectation privacy society recognize legitimate state interests contrast substantial state overwhelming interest supervising parolees likely commit future criminal offenses pennsylvania bd probation parole scott similarly state interests reducing recidivism thereby promoting reintegration positive citizenship among probationers parolees warrant privacy intrusions otherwise tolerated fourth amendment amendment render powerless address concerns effectively california recidivism rate demonstrates parolees ill prepared handle pressures reintegration require intense supervision state legislature concluded given state number parolees high recidivism rate individualized suspicion requirement undermine state ability effectively supervise parolees protect public criminal acts reoffenders contrary petitioner argument fact federal government require level individualized suspicion searching parolee little relevance determining whether california system drawn meet state needs reasonable taking account parolee substantially diminished expectation privacy merit argument california law grants discretion without procedural safeguards concern system gives officers unbridled discretion conduct searches thereby inflicting dignitary harms arouse strong resentment parolees undermine ability reintegrate society belied state prohibition arbitrary capricious harassing searches petitioner concern law frustrates reintegration efforts permitting intrusions privacy interests third persons unavailing concern arise system well pp affirmed thomas delivered opinion roberts scalia kennedy ginsburg alito joined stevens filed dissenting opinion souter breyer joined donald curtis samson petitioner california writ certiorari appeal california first appellate district june justice thomas delivered opinion california law provides every prisoner eligible release state parole shall agree writing subject search seizure parole officer peace officer time day night without search warrant without cause cal penal code ann west granted certiorari decide whether suspicionless search conducted authority statute violates constitution hold september petitioner donald curtis samson state parole california following conviction felon possession firearm september officer alex rohleder san bruno police department observed petitioner walking street woman child based prior contact petitioner officer rohleder aware petitioner parole believed facing large warrant accordingly officer rohleder stopped petitioner asked whether outstanding parole warrant petitioner responded outstanding warrant good standing parole agent brief petitioner officer rohleder confirmed radio dispatch petitioner parole outstanding warrant nevertheless pursuant cal penal code ann west based solely petitioner status parolee officer rohleder searched petitioner search officer rohleder found cigarette box petitioner left breast pocket inside box found plastic baggie containing methamphetamine state charged petitioner possession methamphetamine pursuant cal health safety code ann west trial denied petitioner motion suppress methamphetamine evidence finding cal penal code ann west authorized search search arbitrary capricious app proceedings motion supress jury convicted petitioner possession charge trial sentenced seven years imprisonment california appeal affirmed relying people reyes cal held suspicionless searches parolees lawful california law uch search reasonable within meaning fourth amendment long arbitrary capricious search case arbitrary capricious harassing app app app granted certiorari answer variation question left open knights whether condition release diminish eliminate released prisoner reasonable expectation privacy suspicionless search law enforcement officer offend fourth answering question affirmative today affirm judgment california appeal ii nder general fourth amendment approach examin totality circumstances determine whether search reasonable within meaning fourth amendment internal quotation marks omitted whether search reasonable determined assessing one hand degree intrudes upon individual privacy degree needed promotion legitimate governmental interests internal quotation marks omitted recently applied approach knights case california law required knights probationer ubmit person property place residence vehicle personal effects search anytime without search warrant warrant arrest reasonable cause probation officer law enforcement officer brackets original several days knights placed probation police suspected involved several incidents arson vandalism based upon suspicion pursuant search condition probation police officer conducted warrantless search knights apartment found arson drug paraphernalia concluded search knights apartment reasonable evaluating degree intrusion knights privacy found knights probationary status salient observing robation point continuum possible punishments ranging solitary confinement facility hours mandatory community service quoting griffin wisconsin cf hudson palmer holding prisoners reasonable expectation privacy observed virtue status alone probationers enjoy absolute liberty every citizen entitled knights supra quoting griffin supra turn quoting morrissey brewer justifying impos ition reasonable conditions deprive offender freedoms enjoyed citizens knights supra also considered facts knights probation order clearly set probation search condition knights clearly informed condition see knights concluded circumstances knights expectation privacy significantly diminished see also concluded probation searches search knights apartment necessary promotion legitimate governmental interests noting state dual interest integrating probationers back community combating recidivism see credited virtue status probationer likely ordinary citizen violate law quoting griffin supra found probationers even incentive conceal criminal activities quickly dispose incriminating evidence ordinary criminal probationers aware may subject supervision face revocation probation possible incarceration proceedings trial rights jury proof beyond reasonable doubt among things apply knights explained state ignore reality recidivism suppress interests protecting potential victims criminal enterprise fear running afoul fourth amendment balancing interests held hen officer reasonable suspicion probationer subject search condition engaged criminal activity enough likelihood criminal conduct occurring intrusion probationer significantly diminished privacy interests reasonable ibid search issue knights predicated probation search condition reasonable suspicion reach question whether search reasonable fourth amendment solely predicated upon condition probation attention directed question today albeit context parolee search iii noted knights parolees continuum punishments internal quotation marks omitted continuum parolees fewer expectations privacy probationers parole akin imprisonment probation imprisonment pointed parole established variation imprisonment convicted criminals essence parole release prison completion sentence condition prisoner abides certain rules balance sentence morrissey supra cases state willing extend parole able condition upon compliance certain requirements pennsylvania bd probation parole scott see also reyes ederal supervised release contrast probation meted addition lieu incarceration citation internal quotation marks omitted cardona continuum possible punishments parole stronger medicine ergo parolees enjoy even less average citizen absolute liberty probationers internal quotation marks citation omitted california system parole consistent observations california inmate may serve parole period either physical custody elect complete sentence physical custody subject certain conditions cal penal code ann west latter option remains legal custody california department corrections remainder term must comply terms conditions parole including mandatory drug tests restrictions association felons gang members mandatory meetings parole officers cal code tit cal penal code ann west see also morrissey supra discussing permissible terms conditions parole general conditions parole also require parolee report assigned parole officer immediately upon release inform parole officer within hours change employment status request permission travel distance miles parolee home refrain criminal conduct possession firearms specified weapons knives unrelated employment cal code tit parolees may also subject special conditions including psychiatric treatment programs mandatory abstinence alcohol residence approval ny condition deemed necessary board parole hearings department corrections rehabilitation due unusual circumstances extent reach conditions clearly demonstrate parolees like petitioner severely diminished expectations privacy virtue status alone additionally found salient knights respect probation search condition parole search condition california law requiring inmates opt parole submit suspicionless searches parole officer peace officer time cal penal code ann west clearly expressed petitioner knights signed order submitting condition thus unambiguously aware ibid knights found acceptance clear unambiguous search condition significantly diminished knights reasonable expectation privacy examining totality circumstances pertaining petitioner status parolee established variation imprisonment morrissey including plain terms parole search condition conclude petitioner expectation privacy society recognize state interests contrast substantial repeatedly acknowledged state overwhelming interest supervising parolees parolees likely commit future criminal offenses pennsylvania bd probation parole explaining interest combating recidivism premise behind system close parole supervision similarly repeatedly acknowledged state interests reducing recidivism thereby promoting reintegration positive citizenship among probationers parolees warrant privacy intrusions otherwise tolerated fourth amendment see griffin knights supra empirical evidence presented case clearly demonstrates significance interests state california november california released parolees california parolee population percent recidivism rate see california attorney general crime california apr explaining percent adult parolees returned prison percent parole violation percent commission new felony offense petersilia challenges prisoner reentry parole california california policy research center brief june available http visited june available clerk case file state paroled felons reoffend within months highest recidivism rate nation acknowledged grave safety concerns attend recidivism see ewing california plurality opinion recidivism serious public safety concern california throughout nation made clear knights fourth amendment render powerless address concerns effectively see contrary petitioner contention california ability conduct suspicionless searches parolees serves interest reducing recidivism manner aids rather hinders reintegration parolees productive society california eligible inmate serving determinate sentence may elect parole actual days served plus statutory time credits equal term imposed trial cal penal code ann west irrespective whether inmate capable integrating back productive society recidivism rate demonstrates parolees ill prepared handle pressures reintegration thus parolees require intense supervision california legislature concluded given number inmates state paroles high recidivism rate requirement searches based individualized suspicion undermine state ability effectively supervise parolees protect public criminal acts reoffenders conclusion makes eminent sense imposing reasonable suspicion requirement urged petitioner give parolees greater opportunity anticipate searches conceal criminality see knights supra griffin concluded concern justified intensive system supervising probationers griffin concern applies even greater force system supervising parolees see reyes observing griffin rationale appl ies fortiori federal supervised release contrast probation addition lieu crawford en banc kleinfeld concurring explaining parolees contrast probationers sentenced prison felonies released end prison terms deemed acted harmfully anyone except felons released parole hudson persons sentenced terms imprisonment deemed acted harmfully anyone except felons released parole observing naive institute system random allow prisoners anticipate searches thus defeating purpose random searches petitioner observes majority federal government able similar interests reducing recidivism promoting despite systems permit parolee searches based upon level suspicion thus petitioner contends california system constitutionally defective comparison petitioner reliance practices jurisdictions california however misplaced federal government require level individualized suspicion little relevance determination whether california supervisory system drawn meet needs reasonable taking account parolee substantially diminished expectation merit argument california parole search law permits blanket grant discretion untethered procedural safeguards post stevens dissenting concern california suspicionless search system gives officers unbridled discretion conduct searches thereby inflicting dignitary harms arouse strong resentment parolees undermine ability reintegrate productive society belied california prohibition arbitrary capricious harassing searches see reyes cal people bravo cal probation see also cal penal code ann west intent legislature authorize law enforcement officers conduct searches sole purpose harassment dissent claim parolees california law subject capricious searches conducted unchecked whim law enforcement officers post ignores prohibition likewise petitioner concern california suspicionless search law frustrates reintegration efforts permitting intrusions privacy interests third parties also unavailing concern arise regime well iv thus conclude fourth amendment prohibit police officer conducting suspicionless search parolee accordingly affirm judgment california appeal ordered donald curtis samson petitioner california writ certiorari appeal california first appellate district june justice stevens justice souter justice breyer join dissenting prior cases consistently assumed fourth amendment provides degree protection probationers parolees protection robust afforded ordinary citizens held probationers lowered expectation privacy may justify warrantless search upon reasonable suspicion wrongdoing see knights also recognized supervisory responsibilities probation officers required provide monitor charges progress griffin wisconsin unique position judge close supervision probationer requires may give rise special needs justifying departures fourth amendment strictures see ibid although probation officer impartial magistrate neither police officer normally conducts searches ordinary citizen neither knights griffin supports regime suspicionless searches conducted pursuant blanket grant discretion untethered procedural safeguards law enforcement personnel special interest welfare parolee probationer sanctions today unprecedented curtailment liberty combining faulty syllogism circular reasoning concludes parolees legitimate expectation privacy persons prisoners however superficially appealing parity treatment may seem runs roughshod precedent also rests intuition fares poorly scrutiny one acknowledges parolees legitimate expectations privacy beyond prisoners fourth amendment jurisprudence permit conclusion reached first time search supported neither individualized suspicion special needs nonetheless reasonable suspicionless search evil fourth amendment intended stamp see boyd see also indianapolis edmond writs assistance permitted roving searches contraband reviled precisely placed liberty every man hands every petty officer boyd requirement dispensed programmatic searches required meet need divorced state general interest law enforcement ferguson charleston see edmond see also griffin although usually require search undertaken pursuant warrant thus supported probable cause constitution says warrants must permitted exceptions needs beyond normal need law enforcement make warrant requirement surprisingly majority seek justify search petitioner special needs grounds although past relied special needs uphold warrantless searches probationers never gone far hold probationer parolee may subjected full search whim law enforcement officer happens encounter whether officer reason suspect wrongdoing griffin involved search probation officer supported reasonable suspicion special role probation officers critical analysis deal situation explained ongoing supervisory relationship one least entirely adversarial object search decisionmaker state interest special need articulated griffin interest supervising wayward probationer reintegration society least principally general law enforcement goal detecting crime see ante accident later upheld search probationer law enforcement officer based reasonable suspicion forwent reliance special needs doctrine see knights even supervisory relationship probation officer charge may properly characterized one giving rise needs divorced state general interest law enforcement ferguson see relationship ordinary law enforcement officer probationer unknown may none special needs precedents sanctioned routine inclusion law enforcement design policy using arrests either threatened real implement system designed special needs objectives kennedy concurring judgment ignoring closely guarded category constitutionally permissible suspicionless searches chandler miller first time upholds entirely suspicionless search unsupported special need goes special needs cases least insisted upon programmatic safeguards designed ensure evenhandedness application individualized suspicion jettisoned must replaced measures protect state actor unfettered discretion see delaware prouse special need precludes insistence upon quantum individualized suspicion safeguards generally relied upon assure individual reasonable expectation privacy discretion official quoting camara municipal city county san francisco omitted reasonableness requirement fourth amendment demands something broad unlimited discretion sought government contrast policies place standards guidelines procedures prouse rein officers furnish bulwark arbitrary exercise discretion height unreasonableness able make unprecedented move making another coupling dubious holding hudson palmer bald statement parolees fewer expectations privacy probationers ante way faulty syllogism thus avoids application fourth amendment principles altogether logic apparently prisoners legitimate expectation privacy parolees like prisoners therefore parolees legitimate expectation privacy conclusion remarkable least long embraced also rests false premises first simply true parolee status either state constitution tantamount prisoner even materially distinct probationer see morrissey brewer though state properly subjects parolee many restrictions applicable citizens condition different confinement prison parolee like probationer set free world subject restrictions intended facilitate supervision guard antisocial behavior probation state willing extend parole able condition upon compliance certain requirements pennsylvania bd probation parole scott certainly parole differs probation insofar parole addition lieu incarceration ante quoting reyes certainly parolees typically committed serious crimes ones warranting prior term imprisonment probationers latter distinction perhaps support conclusion state stronger interest supervising parolees supervising probationers see williams constitutional difference probation parole purposes ourth either distinction result refusal acknowledge legitimate harbored parolees expectation privacy probationers reasonably may harbor beyond fathom event notion parolee legitimately expects much privacy prisoner utterly without foundation hudson palmer stand proposition right privacy traditional fourth amendment terms denied individuals incarcerated scalia dissenting institutional needs safety inmates guards internal order sanitation hudson manifestly apply parolees discussed griffin state interests may warrant certain intrusions parolee privacy hudson rationale mapped blindly onto situation presented case enough deciding whether someone expectation privacy legitimate rely existence offending condition individual notice thereof cf ante reasoning respect entirely circular mere fact particular state refuses acknowledge parolee privacy interest mean parolee state expectation privacy society willing recognize legitimate especially measure invades privacy subject fourth amendment challenge clear outlier one two arguable exceptions neither federal government state subjects parolees searches kind petitioner subjected fact notice hardly cures circularity loss subjective expectation privacy play meaningful role analyzing legitimacy expectations example government suddenly announce nationwide television homes henceforth subject warrantless entry smith maryland threaded reasoning suggestion deprivation fourth amendment rights part parcel convict punishment see ante person may subject random suspicionless searches prison seems assume complain subject invasion outside prison long state still imprison punishment though basis hudson decided indeed settled prison inmate constitutional rights inconsistent status prisoner legitimate penological objectives corrections system turner safley knowledge ever sanctioned use search punitive measure instead question every case must whether balance legitimate expectations privacy one hand state interests conducting relevant search justifies dispensing warrant requirements otherwise dictated fourth amendment balance prison held knights without recourse hudson balance favored allowing state conduct searches based reasonable suspicion never plunged floor absent demonstration special needs state imposed condition parole requirement petitioner submit random searches parole officer supposed mind welfare parolee guide parolee transition back society griffin condition might justified either special needs doctrine least part requisite reasonable suspicion supplied context knowledge gained supervisory relationship see emphasizing probation office ability assess probabilities light knowledge probationer life character circumstances likewise might different case parole board imposed condition issue based specific knowledge individual criminal history projected likelihood reoffending state place programmatic safeguards ensure evenhandedness see supra either scenarios state least gone way toward averting greatest mischief wrought officials unfettered discretion search condition imposed parolees whatever nature crimes whatever likelihood recidivism whatever supervisory needs without programmatic procedural seems acknowledge unreasonable searches inflic dignitary harms arouse strong resentment parolees undermine ability reintegrate productive society ante see terry ohio satisfied however california courts prohibition capricious searches suffices avert harms course counterproductive state purported aim rehabilitating former prisoners reintegrating society see ante citing people reyes cal unpersuaded requirement individualized suspicion iterations shield framers selected guard evils arbitrary action caprice harassment say evils may averted without shield fear pay lipservice end withdrawing respectfully dissent footnotes knights decide whether probation condition diminished completely eliminated knights reasonable expectation privacy search law enforcement officer without individualized suspicion satisfied reasonableness requirement fourth amendment contrary dissent contention nothing recognition parolees akin prisoners probationers inconsistent precedents dissent suggests equate parolees prisoners purpose concluding parolees like prisoners fourth amendment rights see post opinion stevens view misperceives holding basis holding case resolved solely hudson palmer cause resort fourth amendment analysis see ibid holding traditional fourth amendment analysis totality circumstances inapplicable question whether prisoner reasonable expectation privacy prison cell rationale inconsistent morrissey brewer case recognized restrictions parolee liberty unqualified statement even accepted truism sheds light extent parolee constitutional rights indeed limited one argues parolee constitutional rights limited morrissey cast doubt today holding given liberty issue case fourteenth amendment due process right hearing revocation parole invokes wholly different analysis search issue find search issue reasonable general fourth amendment approach need reach issue whether acceptance search condition constituted consent schneckloth bustamonte sense complete waiver fourth amendment rights knights california yet construed cal penal code ann west statute governs parole crimes committed imposes consent requirement california appeal concluded inmates otherwise eligible parole yet refuse agree mandatory search condition remain imprisoned either inmate agrees search condition otherwise eligible parole lost worktime credits eligible release served balance sentence people middleton cal app cal rptr nonetheless decline rest holding today consent rationale california note yet chance address question squarely far clear state properly raised consent theory courts address whether california parole search condition justified special need griffin wisconsin holding general fourth amendment principles renders examination unnecessary dissent argues one acknowledges parolees legitimate expectations privacy beyond prisoners fourth amendment jurisprudence permit conclusion reached first time search supported neither individualized suspicion needs nonetheless post simply case touchstone fourth amendment reasonableness individualized suspicion thus jurisprudence often recognized accommodate public private interests quantum individualized suspicion usually prerequisite constitutional search seizure also recognized fourth amendment imposes irreducible requirement suspicion therefore although sanctioned suspicionless searches limited circumstances namely programmatic special needs searches never held limited circumstances searches absent individualized suspicion reasonable fourth amendment light california earnest concerns respecting recidivism public safety reintegration parolees productive society object fourth amendment reasonableness decision today far remarkable given prior precedents caveats unprecedented post california precedent note officer act reasonably conducting suspicionless search absent knowledge person stopped search parolee see people sanders cal brief amicus curiae footnotes observed ferguson charleston griffin special needs rationale cast doubt later decision skinner railway labor executives reserved question whether use criminal prosecutions evidence obtained pursuant administrative scheme give rise inference pretext otherwise impugn administrative nature program ferguson quoting skinner least state griffin good faith contend warrantless searches supported special need conceptually distinct law enforcement goals generally indeed state interest supervising parolees probationers ensure smooth reintegration may occasionally diverge general law enforcement aims illustrated case petitioner possession small amount illegal drugs grounds revocation parole see cal penal code ann west supp presumably california legislature determined unnecessary perhaps even counterproductive means furthering goals parole system reincarcerate former prisoners simple possession general law enforcement interests state espouses contrast call reincarceration see morrissey brewer liberty parolee although indeterminate includes many core values unqualified liberty griffin wisconsin degree impingement upon probationer privacy unlimited see also ferguson scalia dissenting doubt whether griffin reasonable expectation privacy home less petitioners reasonable expectation privacy urine taken particularly view justice concurrence emphasized prison programmatic interests conducting suspicionless searches see hudson hudson probably best understood special needs case standing blanket proposition prisoners fourth amendment rights likewise state argument california parolee consents suspicionless search condition sophistry whether prisoner choose remain prison rather released parole cf ante choice concerning search condition may either remain prison subjected suspicionless searches may exit prison still subject suspicionless searches accordingly speak consent context resort manifest fiction parolee purportedly waives rights accepting condition little genuine option refuse lafave search seizure treatise fourth amendment pp ed vestige act grace theory parole compare escoe zerbst probation suspension sentence comes act grace one convicted crime may coupled conditions respect duration congress may impose gagnon scarpelli probationer longer denied due process reliance dictum escoe zerbst probation citation omitted see also morrissey devotes good portion analysis recidivism rates among parolees california see ante one might question whether statistics postdate california decision allow purportedly suspicionless searches issue actually demonstrate state interest served searches cf reply brief petitioner course one deny interest valid said though never held sufficient justify suspicionless searches high crime rates grounds enough disposing fourth amendment protections amendment long ago become dead letter observes see ante california law officer entitled conduct suspicionless searches persons known parolees brief amicus curiae citing people sanders cal necessarily arbitrary capricious harassing conduct suspicionless search someone without knowledge status renders person state judgment susceptible invasion