The following excerpt is from United States ex rel. Sperling v. Fitzpatrick, 426 F.2d 1161 (2nd Cir. 1970):
A parole revocation proceeding is not an adversarial proceeding. A parolee remains, "while on parole, in the legal custody and under the control of the Attorney General." 18 U.S.C. 4203 (1964); Anderson v. Corall, 263 U.S. 193, 196, 44 S.Ct. 43, 68 L.Ed. 247 (1923). A parole revocation proceeding is concerned not only with protecting society, but also, and most importantly, with rehabilitating and restoring to useful lives those placed in the custody of the Parole Board.7 To apply the exclusionary rule to parole revocation proceedings would tend to obstruct the parole
[426 F.2d 1164]
system in accomplishing its remedial purposes.[426 F.2d 1164]
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