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Condition of Supervised Release Requiring Reporting of All Contact with Police Violates Due Process

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Maloney, No. 06-3745 (3d Cir. Jan. 17, 2008), the Court of Appeals held that a condition of supervised release which required the defendant to "notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer" was impermissibly vague as applied in the factual setting of the case. Maloney was convicted after a hearing violating three separate conditions of his supervised release, viz., 1) failing to notify his probation officer after he had been questioned by the police for failing to display a peddler?s license, 2) failing to report that he had purchased or had access to a vehicle and; 3) committing the crime of eluding a law enforcement officer.With regard to the first violation, subsequent to commencing supervised release, Maloney began working as a shoe peddler and at some time later was issued a summons for failing to display his peddler?s license...continue to full post

Full post as published by Third Circuit Blog on January 27, 2008 (boomark / email).