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UNITED STATES v. KNIGHTS

United States Supreme Court No. 00-1260

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QUESTION PRESENTED: (1) Can a law enforcement officer conduct a warrantless search supported by reasonable suspicion of a probationer's apartment when that probationer has consented to a probation condition authorizing any law enforcement officer to search his person or premises without a warrant or individualized suspicion?

ORAL ARGUMENT DATE: November 6, 2001

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

Argument - Part I

I. The threat to public safety from probationers creates a special need for extending the authority to conduct probation searches to police officers

A. The threat
B. Policing the bargain
C. Public safety as a special need

Part II

II. The searching officer's motive for conducting the search is irrelevant to its constitutionality

Part III

III. Allowing police officers to enforce the search condition did not violate any reasonable expectation of privacy of the defendant

Conclusion