State v. Shirley

OPINION

RICHMOND, Judge.

This appeal raises the question of whether the exclusionary rule, invoked to suppress evidence of an illegal search, should be applied to a probation revocation hearing when the police officers who conducted the search were aware of the defendant’s status as a probationer. We agree with the trial court that it should in this instance.

On April 28, 1975, appellee Michael Shirley pled guilty to the crime of second degree burglary. Imposition of sentence was suspended and appellee was placed on probation.

In the early morning hours of May 3, 1976, officers from the Federal…