Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

D.P.R.: Exclusionary rule does not apply to revo of federal supervised release

By John Wesley Hall, Jr.

Exclusionary rule does not apply to revocation of federal supervised release, analogizing parole and probation revocation cases. United States v. Jimenez-Torres, 2010 U.S. Dist. LEXIS 65741 (D. P.R. June 30, 2010): In his motion to suppress, Jimenez-Torres first attempts to distinguish his case by arguing that Scott is specifically about parole hearings and there is no parole in the federal system. See Docket No. 28 at page 5. The Defendant adds that different from parole proceedings, federal revocation proceedings are adversarial, and thus the exclusionary rule should apply therein. Id. at 4. Faced with the same objection, the Fourth Circuit Court of Appeals noted that "parole and supervised release are 'analogous contexts.'" Armstrong, 187 F...continue to full post

Full post as published by Fourth Amendment on July 03, 2010 (boomark / email).