What are the constitutional rights of a probationer who has been revoked from his probation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Fernhoff, 849 F.2d 1476 (9th Cir. 1988):

Fernhoff claims that several of his due process rights were violated in the course of his probation revocation. We review the magistrate's constitutional rulings de novo. United States v. McConney, 728 F.2d 1195, 1203 (9th Cir.1984) (en banc).

Before probation may be revoked, a probationer has a due process right to: (1) written notice of the claimed violations; (2) disclosure to the probationer of evidence against him; (3) an opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses; (5) a neutral and detached hearing body; and (6) a written statement as to the evidence relied upon and reasons for revoking parole. Morrissey v. Brewer, 408 U.S. 471, 489 (1972); Gagnon v. Scarpelli, 411 U.S. 778, 781-82 (1973).

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