Opinion

United States Ex Rel. Joseph Randazzo v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York

  • 418 F.2d 1319
  • 1969 U.S. App. LEXIS 9810
Court
Court of Appeals for the Second Circuit
Filed
Dec 4, 1969
Status
Published
Author
Kaufman
On the bench
Moore, Kaufman, Hays
Cited by
36 cases

holding that a parole violator warrant designated as “administrative” under New York law was not subject to ordinary Fourth Amendment safeguards

How later courts described this case

  • holding that a parole violator warrant designated as “administrative” under New York law was not subject to ordinary Fourth Amendment safeguards
  • upholding arrest of parolee in parolee's apartment by parole officers lacking a judicial warrant; also validating search incident thereto
  • a parole violator’s arrest warrant “is designated as ‘administrative.’ Its issuance does not depend on a finding of probable cause.”

Written by the judges who cited it.

The opinion

KAUFMAN, Circuit Judge

(concurring) :

I have some doubts about the basis upon which the administrative arrest warrant issued in this case. Thus I prefer to concur on the ground that Randazzo’s admission that he consorted with criminals sufficed to provide probable cause for his subsequent arrest, and that the search following it was acceptable— though marginally so — under pre-Chimel law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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