At my parole revocation hearing, Can the district attorney bring evidence that was found in an unlawful search or seizure?

Yes. Unfortunately, the “exclusionary rule,” which applies in criminal cases, does not apply in parole revocation hearings. This means that unlawfully obtained evidence may be used against you in your parole revocation hearing — even if it would be excluded from a criminal court trial, and even if actually was excluded from a criminal court trial related to the same issue.[704]

SUMMARY of SENTENCINGThe court’s 3 options for sentencing/punishing you if it finds that you violated parole are:

Return you to parole supervision with changes (called “modifications”) to your conditions of parole, including possible time in county jail;Refer you to a Reentry Court or other Evidence-Based Practice program; orRevoke your parole and order confinement.[705]
  1. 704

    See Penn. Bd. of Prob. & Parole v. Scott, 524 U.S. 35 (1998) (exclusion of evidence at parole hearing would hinder functioning of parole system); In re Martinez, 1 Cal. 3d 641, 649-52 (1970), disapproved on other grounds in In re Tyrell J., 8 Cal. 4th 68 (1994); In re Love, 11 Cal. 3d 179, 190 (1974). ↑

  2. 705

    Cal. Penal Code §§ 3000.08(f)-(g), 3004(a), 3056(a). ↑