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VA: Exclusionary rule applies in probation revocation proceedings

By John Wesley Hall, Jr.

Exclusionary rule applies in probation revocation proceedings because of defendant's allegation that the officer acted in bad faith. Logan v. Commonwealth, 2008 Va. LEXIS 92 (September 12, 2008): We conclude that the Court of Appeals' reliance on Scott is misplaced based upon three relevant distinctions between Scott and the present case. First, Scott involved a parolee, rather than a probationer, 524 U.S. at 360, and parolees "have fewer expectations of privacy than probationers, because parole is more akin to imprisonment than probation is to imprisonment," Samson v. California, 547 U.S. 843, 850, 126 S. Ct. 2193, 165 L. Ed. 2d 250 (2006). Second, the parolee in Scott had explicitly consented to a search of the house and his person as a condition of parole...continue to full post

Full post as published by Fourth Amendment on September 21, 2008 (boomark / email).