State v. Benton

695 N.E.2d 757, 82 Ohio St. 3d 316
Ohio Supreme Court·Decided July 8, 1998·No. No. 97-897·Published·Cited by 49 cases

Opinions

Lundberg Stratton, J.

The issue presented in this case is whether the Fourth Amendment’s proscription of unreasonable searches and seizures is violated by a random search of the residence of a parolee who, as a condition of parole, consented to warrantless searches by parole officers at any time. For the reasons stated below, we conclude that such searches are constitutional.

[318] APPLICATION OF FOURTH AMENDMENT

The Fourth Amendment to the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” See, also, Section 14, Article I, Ohio Constitution.

. We must start with the basic principle that prisoners have forfeited many of their rights and privileges upon incarceration. Some of these privileges are regained upon parole, but the defendant is still subject to limitations because a convicted criminal has no inherent or constitutional right to be conditionally released before the expiration of a validly imposed sentence. Greenholtz v. Inmates of Nebraska Penal & Correctional Complex (1979), 442 U.S. 1, 7, 99 S.Ct. 2100, 2104, 60 L.Ed.2d 668, 675; State ex rel. Hattie v. Goldhardt (1994), 69 Ohio St.3d 123, 125, 630 N.E.2d 696, 698; State ex rel. Carrion v. Ohio Adult Parole Auth. (1998), 80 Ohio St.3d 637, 687 N.E.2d 759. Nonetheless, because the state has an interest in rehabilitation and reintegration of the prisoner into society, prisoners are often offered an opportunity for parole. The government is “offering to allow the prisoner to regain his or her freedom in return for a promise to abide by rules which, to a greater or lesser extent, limit the exercise of fundamental rights.” Carchedi v. Rhodes (S.D.Ohio 1982), 560 F.Supp. 1010, 1016.

The presence of the offender in the community creates the need for special supervision. Griffin v. Wisconsin (1987), 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709. Supervision “is a ‘special need’ of the State permitting a degree of impingement upon privacy that would not be constitutional if applied to the public at large.” Id. at 875, 107 S.Ct. at 3169, 97 L.Ed.2d at 718. “Revocation deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special parole restrictions.” Morrissey v. Brewer (1972), 408 U.S. 471, 480, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484, 494. “These restrictions are meant to assure that the probation serves as a period of genuine rehabilitation and that the community is not harmed by the probationer’s being at large. * * * These same goals require and justify the exercise of supervision to assure that the restrictions are in fact observed.” Griffin, 483 U.S. at 875, 107 S.Ct. at 3169, 97 L.Ed.2d at 718. See, also, Carchedi, 560 F.Supp. at 1015.

In this case, the defendant, a parolee, as part of the conditions of his parole, read and signed an Ohio Adult Parole Authority form entitled “Conditions of Supervision.” One of the conditions enumerated in the form required the defendant, if he chose to sign the form and be paroled, to “agree to a search without warrant of [his] person, [his] motor vehicle, or [his] place of residence by [319] a parole officer at any time.” Defendant concedes that by signing the form, he waived his right to have searches conducted pursuant to a warrant.

The United States Supreme Court has already held that warrantless searches of parolees1 without probable cause do not violate the Fourth Amendment. Griffin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709. However, the defendant contends that the Fourth Amendment still imposes a requirement that those searches be “reasonable.” The defendant cites Griffin as support for that proposition. However, Griffin dealt with the narrow issue of whether a state regulation was constitutional. In upholding the regulation, the Griffin court found that requiring “reasonable grounds” pursuant to a valid state regulation was constitutionally permissible in a search of a probationer’s home.2 In rejecting “probable cause” as the standard, the Supreme Court stated, “[W]e think it enough if the information provided indicates, as it did here, only the likelihood * * * of facts justifying the search.” Griffin, 483 U.S. at 880, 107 S.Ct. at 3172, 97 L.Ed.2d at 722.

However, Griffin did not deal with a search conducted subject to the parolee’s consent to be searched without a warrant “at any time.” Therefore, we must examine whether, as a condition of parole, a parolee can consent to random searches.3

CONSENT TO SEARCH

Conditions of parole must be reasonably and necessarily related to the government’s interest in rehabilitating the parolee and in protecting society from recidivism. Carchedi, 560 F.Supp. 1010. We find that the consent-to-search condition at issue meets those twin goals. Consent searches are part of the standard investigatory techniques of law enforcement. Schneckloth v. Bustamonte (1973), 412 U.S. 218, 231, 93 S.Ct. 2041, 2050, 36 L.Ed.2d 854, 865. “The [320] primary purpose of [searches of parolees’ residences] is to deter the commission of crime and to provide supervisors with information on the progress of their rehabilitative efforts. It is clear that a requirement that searches only be conducted when officers have ‘reasonable suspicion’ or probable cause that a crime has been committed or that a condition of probation has been violated could completely undermine the purpose of the search condition.” Owens v. Kelley (C.A.11, 1982), 681 F.2d 1362, 1368.

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State v. Benton, 695 N.E.2d 757, 82 Ohio St. 3d 316 (Ohio 1998).

695 N.E.2d 757 (State v. Benton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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