We granted certiorari to the Court of Appeals in Brooks v. State , 292 Ga. App. 445 664 SE2d 827 2008, to consider whether reasonable grounds were required to justify a search and seizure of probationer Jerry Matthew Brooks’ person and/or property despite the existence of a validly imposed special condition of probation that prospectively waived Brooks’ Fourth Amendment rights. Upon further scrutiny of the record, however, we conclude that this is not the appropriate case to address that issue because this case turns on the validity of a consent to search. We thus leave for another day the question of whether a probation search must be supported by reasonable grounds despite a Fourth Amendment waiver. During a period of time that Brooks was serving the probated portion of a sentence for a prior felony drug conviction, officers assigned to the Cherokee
County Multi-Agency Narcotics Squad CMANS were informed by the Cherokee County Sheriff’s Department about complaints that Brooks had lodged accusing CMANS agents of conducting annoying surveillance of his property and interfering with his privacy. In addition, CMANS officers received two anonymous tips that Brooks was in possession of methamphetamine. The officers inquired into the terms of Brooks’ probation agreement and learned that certain special conditions had been imposed. In pertinent part, Brooks was prohibited from consuming alcohol or controlled substances; he was required to produce urine and/or blood specimens to be tested for the presence of such prohibited substances upon request of law enforcement officers; and he was subject to a search of his home and/or person with or without a warrant whenever requested to do so by law enforcement officers. Based on the foregoing information, several officers went to Brooks’ residence to conduct a probation search. The officers identified themselves and stated that they were there to conduct a probation search in accordance with Brooks’ probation agreement. Brooks replied, “okay,” and voiced no objection to the search. The officers found nothing of interest in the house and asked if they could have a key to a padlocked barn on the property. Brooks replied that he did not have the key but he offered to crawl inside through a hole underneath the building and let the officers in. An officer replied that he could not allow Brooks to do that because there could be a gun in there; Brooks replied, “well, there is a gun in there.” The officer then informed Brooks that it was necessary to break the lock, to which Brooks replied, “go ahead.” The officers did so and entered the barn. After looking around, they informed Brooks that they could not find a gun in the barn. Brooks replied, “that’s right, I forgot, I shot a few rounds out of it the other night.” He directed the officers to a piece of PVC pipe behind the barn where he had concealed the gun. The officers retrieved a twelve-gauge shotgun from that location, and then asked Brooks for a urine sample. Brooks willingly provided the officers with the sample, stating that it “would be hot for methamphetamine.” Brooks was advised of his Miranda rights and he invoked his right to counsel.
