At my probation revocation hearing, can the prosecutor (D.A.) introduce evidence obtained through an unlawful search or seizure?

Yes.[860] You should note that the “exclusionary rule” that usually applies in a criminal court trial—a rule that bars evidence obtained in violation of the Fourth Amendment to the U.S. Constitution—does NOT apply in probation revocation hearings. This means that even if evidence was suppressed in an earlier criminal trial, it can still most likely be brought in to a later parole revocation hearing.[861]

  1. 860

    See U.S. v. Vandemark, 522 F.2d 1019, 1020 (“This accords with the almost unanimous view that the exclusionary rile does not usually apply in probation revocation settings.”). See also, People v. Harrison, 199 Cal. App. 3d 803, 808 (1988).(“We believe that federal [and state] law does [sic] not require application of the exclusionary rule to probation revocation hearings”).

  2. 861

    Pennsylvania Board of Probation & Parole v. Scott, 524 U.S. 357 (1998) (exclusion of evidence at parole hearing would hinder functioning of parole system); In re Martinez, 1 Cal.3d 641, 649-652 (1970), disapproved on other grounds in In re Tyrell J., 8 Cal.4th 68 (1994); In re Love, 11 Cal.3d 179, 190 (1974); see also, People v. Rackling, 195 C.A. 4th 872, 874 (2011) (finding that the Miranda exclusionary rule does not apply in probation revocation proceedings).