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Criminal Procedure keyed to Israel
Pennsylvania Bd. Of Probation and Parole v. Scott
Facts
One of the conditions of the respondent’s parole in Pennsylvania was that he not possess weapons. Based on evidence that he had violated this condition, parole officers entered his home and found firearms and a bow. Respondent objected to this evidence being introduced at his parole violation hearing on the grounds that it was obtained in violation of the Fourth Amendment ban on unreasonable searches. The parole examiner admitted the evidence, and as a result, he was forced to serve 3 years backtime. The Commonwealth Court of Pennsylvania reversed the decision, and the Pennsylvania Supreme Court affirmed the reversal, stating that the Fourth Amendment does not usually apply to parole violation hearings, but it did here because the searching officers were aware of the respondent’s parole status and such illegal searches would otherwise go undeterred. The Pennsylvania Parole Board was granted certiorari.
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