holding that the exception to the exclusionary' rule ‘ applies only when illegal acts are directed at probationer because of his status
How later courts described this case
- holding that the exception to the exclusionary' rule ‘ applies only when illegal acts are directed at probationer because of his status
- "Evidence obtained under circumstances which would be in violation of rights secured by U.S. Const., Amend. IV and v. and our equivalent W. Va. Const., Art. 3 § 5 and Art. 3 § 6 with regard to a person who is not on probation is still admissible in a probation revocation proceeding."
- requiring knowledge of probationary status and evidence of police .harassment
- “Statements by a probationer, obtained by probation officers without first advising the probationer of his rights as prescribed under Miranda, are admissible in probation revocation proceedings.”
Written by the judges who cited it.
The opinion
McGRAW, Justice,
dissenting:
I dissent for the reasons stated in Justice Miller’s concurring opinion.