Kyte v. Pennsylvania Board of Probation & Parole
Commonwealth Court of Pennsylvania
1Concurring in part, dissenting in partKelley, Judge
In the instant appeal, petitioner first contends that he was subjected to an unconstitutional search and the fruits of that search, particularly the knife, should not have been considered by the board in revoking his parole. However, my review of the certified record reveals that petitioner did not object to the admission of this evidence at his parole revocation hearing. As a result, petitioner has waived any claim he may have regarding the Board’s consideration of this evidence. See, e.g., Mangone v. Pennsylvania Board of Probation and Parole, 123 Pa.Cmwlth. 34, 553 A.2d 91 (1988), petition…
2Cases cited5 opinions
- Scott v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 1995
- Wallace v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 1988
- Maxfield v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 1988
- Mangone v. CommonwealthCommonwealth Court of Pennsylvania · 1988
- Patton v. CommonwealthCommonwealth Court of Pennsylvania · 1986