State v. Towle

OPINION

HOWARD, Judge.

Does the Fourth Amendment exclusionary rule apply to probation revocation proceedings? That is the question presented in this appeal.

Appellant’s position was that certain evidence seized at her residence should have been suppressed because the affidavit in support of the search warrant was constitutionally defective. At the revocation hearing, the trial court ruled that a probationer cannot seek suppression of illegally obtained evidence.

The majority of courts hold that the exclusionary rule does not apply to parole and probation revocation proceedings. U. S. v.…