Barteau, Senior Judge
STATEMENT OF THE CASE
Community corrections officers searched home detention participant Jordan Sullivan’s residence and found contraband in the bedroom of his roommate Brishen Vanderkolk. Upon being charged with several offenses, Vanderkolk filed a motion to suppress. Evidence at the hearing showed that Sullivan had signed a waiver of his Fourth Amendment rights before beginning home detention and that the officers searched his residence to ensure he was complying with the program. The officers did not testify as to any reports of suspicious activity. The trial court granted the motion to suppress. Caselaw from the U.S. Supreme Court as well as our Indiana courts leads us to conclude that Sullivan did not completely waive his Fourth Amendment rights. Because the Fourth Amendment required reasonable suspicion for the search, we affirm the court’s grant of Vanderkolk’s suppression motion.
ISSUES
To determine whether the trial court erred by granting the motion to suppress, we examine: (1) whether Vanderkolk may challenge the constitutionality of the search predicated on Sullivan’s waiver of his Fourth Amendment rights, and if so, (2) whether the search was justified by Sullivan’s waiver.
….
The evidence at Vanderkolk’s suppression hearing showed that the TCCC officers believed Sullivan’s waiver justified suspicionless searches merely to ensure compliance. In this regard, the reason for the search was more akin to the “special needs” highlighted in Griffin. But the special need of supervising community corrections participants, while dispensing with probable cause, still required reasonable suspicion that evidence of Sullivan’s noncompliance would be found. The State presented no such evidence at the hearing. Because the search was not supported by reasonable suspicion, we conclude that Vanderkolk’s Fourth Amendment rights were violated. See Nowling v. State, 955 N.E.2d 854, 861 (Ind. Ct. App. 2011) (search of probationer’s bedroom was not justified by special needs of probation system because officers had no reasonable suspicion that probation violation occurred), clarified on reh’g, 961 N.E.2d 34 (2012), trans. denied.
CONCLUSION
We therefore affirm the suppression.
BAILEY, J., concurs in result with separate opinion.
KIRSCH, J.,