State v. Burkholder

While the defendant is entitled to certain procedural due process rights at a probation revocation hearing, in my view he is not entitled to the benefits of the exclusionary rule. Therefore, I dissent.

The revocation of probation is not recognized as a part of a criminal prosecution. Thus, the alleged violator is not entitled to all of the constitutional guarantees available to one who stands charged with a criminal offense. Gagnon v. Scarpelli (1973), 411 U.S. 778 [71 O.O.2d 279]; Morrissey v. Brewer (1972), 408 U.S. 471. Based on this premise, the vast majority of reported cases have held…