JOHN S. RENO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed probation revocation where a probation officer's warrantless search of the probationer's home, conducted based on mere suspicion of burglary involvement, was valid under state law authorizing probation officer searches without requiring reasonable grounds.
A warrantless search of a probationer's residence by a probation officer is constitutional when conducted in good faith within the officer's statutory supervisory duties, even absent reasonable grounds for suspicion.
[1] Florida probation statutes authorize warrantless searches of a probationer's residence by a probation officer without requiring reasonable grounds, and evidence from such…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a warrantless search of a probationer's person or residence by a probation supervisor is valid to the extent that the evidence discovered in the search may be used only in probation revocation proceedings”
Grubbs v. State, establishing the validity of probation officer searches in Florida
John Reno was on probation when his probation officer received information from police that he may have been involved in a burglary in his neighborhoo…
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STEVENSON, J.
In this case, John Reno appeals an order revoking his probation, challenging the denial of his motion to suppress contraband found during a search by his probation officer. The search of Reno’s home was conducted by his probation officer when she received information from the police that Reno may have been involved in a burglary of a home in the neighborhood. Although the information implicating Reno in the burglary amounted to little more than a mere suspicion, we agree with the trial court that the search passed constitutional muster since it was conducted in good faith within the scope of the probation officer’s supervisory duties authorized by state law. See Grubbs v. State, 373 So. 2d 905 (Fla.1979) (holding that a war-rantless search of a probationer’s person or residence by a probation supervisor is valid to the extent that the evidence discovered in the search may be used only in probation revocation proceedings); see also Soca v. State, 673 So. 2d 24 (Fla.1996) (noting that Florida’s probation statutes, unlike Wisconsin’s, contain no requirement that a probation officer’s search of a probationer be supported by “reasonable grounds” and, thus, distinguishing the holding in Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987)).
We have considered the other arguments raised, but find no error. Accordingly, we affirm the revocation of probation which was based on contraband found during the search of Reno’s bedroom.
AFFIRMED.
GUNTHER and STONE, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Griffin v. Wisconsin, 483 U.S. 868 (U.S. 1987)
- Grubbs v. State, 373 So. 2d 905 (Fla. 1979)
- Soca v. State, 673 So. 2d 24 (Fla. 1996)