United States v. Hightower, No. 18-2238 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed the district court's revocation of defendant's term of supervised release after finding by a preponderance of the evidence that he had violated the conditions of his supervised release by committing a state crime.
The court held that the exclusionary rule does not apply in revocation of federal supervised release proceedings. The court explained that the deterrent effects of the exclusionary rule are significantly outweighed by the costs involved in applying the rule in this context. The court also held that defendant's remaining argument, that the district court erred in refusing to give him access to grand jury minutes, was without merit because he impermissibly seeks to attack his underlying conviction.