United States of America Ex Rel. Crispin Santos, Relator-Appellant v. New York State Board of Parole

LEVET, District Judge:

The question for review in this case is whether the appellant, a parolee under the custody of the New York State Board of Parole, was deprived of his Fourth Amendment rights by a search of his residence in Hempstead, New York, without a warrant, conducted by his parole officer in the presence of a police officer after which evidence seized was used by the police for purposes of a new prosecution rather than for the revocation of appellant’s parole.

On May 8, 1966, a New York City detective received information which provided him with reasonable grounds to believe that…