Hughes v. Gwinn

MILLER,

Justice, concurring:

While I concur in the result reached by the majority, I do not agree with the reasoning used to reach that result. The majority utilizes theories of “contractual waiver” and “social welfare model” that purportedly arise from the probationer’s relationship to the State and society. The issues here involved are claims of illegally seized evidence and an invalid inculpatory statement. These issues are of constitutional dimensions and, in my view, cannot be properly disposed of on these theories.

The absurdity of a “contractual waiver” theory in this case is that the…