Does the exclusionary rule apply to probation revocation hearings?

California, United States of America


The following excerpt is from People v. Harrison, 199 Cal.App.3d 803, 245 Cal.Rptr. 204 (Cal. App. 1988):

Appellant argues that even if the exclusionary rule does not apply to probation revocation hearings, due process demands that the Harvey-Madden rule should operate in probation revocation hearings because it [199 Cal.App.3d 813] implements his right to confront and cross-examine his accusers. 4 However, appellant's contention fails to take into account the purpose of these rights. Although both confrontation and cross-examination are deemed essential to a fair trial, (Chambers v. Mississippi (1973) 410 U.S. 284, 294, 93 S.Ct. 1038, 1045, 35 L.Ed.2d 297) a probation revocation is not a trial where guilt or innocence is determined. ( In re Coughlin, supra, 16 Cal.3d at p. 57, 127 Cal.Rptr. 337, 545 P.2d 249.) Furthermore, cross-examination "helps assure 'accuracy of the truth-determining process.' " ( Chambers v. Mississippi, supra, 410 U.S. at p. 295, 93 S.Ct. at p. 1046, citations omitted.) There is no question about the accuracy of the trial court's determination: It is certain the police found cocaine on appellant's person and possession of cocaine provides a sufficient ground for revoking probation. (Pen.Code, 1203.2.)

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