Is the exclusionary rule applied in probation revocation proceedings?

California, United States of America


The following excerpt is from People v. Howard, 162 Cal.App.3d 8, 208 Cal.Rptr. 353 (Cal. App. 1984):

The court in People v. Nixon explained the rationale underlying the court's unwillingness to extend the exclusionary rule to probation revocation proceedings absent government conduct so offensive that no governmental agency should be permitted to benefit by use of the illegally seized evidence. Specifically, the court stated:

"The purpose of the exclusionary rule is to deter--to compel respect for the constitutional guaranty in the only effectively available way--by removing the incentive to disregard it. The rule has never been interpreted to proscribe the use of illegally seized evidence in all proceedings. As it serves the purpose of deterring police misconduct, the exclusionary rule is a 'needed, but grudgingly taken medicament; no more should be swallowed than is needed to combat the disease.' (Amsterdam, Search, Seizure and Section 2255: A Comment (1964) 112 U.Pa.L.Rev. 378, 389.) Even assuming the application of the exclusionary rule here would achieve some minimal deterrent effect, we find the potential benefits were significantly outweighed by potential damage to the probation system. The purpose of probation conditions is to enhance the chance for rehabilitation while simultaneously affording society a measure of protection. Because violation of probation conditions may indicate the probationer is not ready or is incapable of rehabilitation by integration into society, it is extremely important that all reliable evidence shedding light on the probationer's conduct be available during probation revocation proceedings." (People v. Nixon, supra, 131 Cal.App.3d at pp. 691-692, 183 Cal.Rptr. 878.)

However, it is equally well settled that evidence which has been suppressed pursuant to a motion made under section

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