NCJ Number
130865
Journal
Perspectives Volume: 15 Issue: 1 Dated: (Winter 1991) Pages: 16-19
Date Published
1991
Length
4 pages
Annotation
This review of Federal appeals decisions within the past 24 months focuses on representative cases concerned with search and seizure restrictions, due process, revocation, financial obligations, and liability issues.
Abstract
The "Griffin" decision allows warrantless searches when imposed by the court as a condition of probation for the purposes of rehabilitation or public safety. Subsequent related cases have clarified specific situations such as permitting urinalysis and drug testing if imposed pursuant to "Griffin" and allowing valid urinalysis reports to be admissible in revocation hearings without live testimony. Other courts have allowed police to search a probationer's house with spousal consent and have held the exclusionary rule to be inapplicable to revocation proceedings. Most recent due process cases concerned the time period between actions by criminal justice agencies. To be violative of due process, delays must apparently be unreasonable or prejudicial to the case. The Ninth Circuit Court of Appeals ruled that restitution cannot be openended and cannot be determined by a probation officer. Other circuits have held that courts must consider a defendant's financial needs and earning ability; that restitution may be ordered for crimes not charged in the indictment; and that a court may consider the victim's losses from related acts of the defendant. Liability decisions for the past two years have reinforced existing decisions pertaining to judicial and qualified immunity. The U.S. Supreme Court decision in Will v. Michigan is of major significance in that it ensures State employees they will not be defendants in Section 1983 suits if they are acting in their official capacity under color of law. 25 references