Parole Legal Updates
Valdivia Remedial Plan
For Parole Revocation
In compliance with a federal judge's order in the case of Valdivia v.
Schwarzenegger (previously Valdivia v. Davis), the state recently
submitted a plan to reform the parole revocation process. The court
found that the current system unfairly denied parole violators their
rights to a probable cause hearing and a speedy trial. We believe that
the implementation of this plan will generate significant costs for the
state and possibly for local governments, as well. We recommend that the
California Department of Corrections and the Board of Prison Terms
report to the Legislature on the full fiscal impacts of this plan.
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The Hunter Decision
Hunter argued that the trial court erred in denying a motion to
suppress evidence seized in a warrantless search of his storage unit
while he was incarcerated for parole violations, but before his parole
was formally revoked. Hunter also argued that inculpatory statements he
made to a police detective after learning that items had been seized
from the storage unit should have been suppressed as the product of the
warrantless search.
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Samson
v California
This case was decided by the United States Supreme Court on June
19, 2006. The court upheld the State of California's standard for parole
searches. The Reyes decision is the standard in California for Parole searches. Officers do not need probable cause nor
reasonable suspicion to conduct a parole search. This type of search is
not a violation of the parolee's fourth amendment rights.
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Original
Crawford Decision
Overturned Decision
Here's
a weird item...