United States v. Phillips, No. 18-1372 (7th Cir. 2019)
Annotate this CaseIn 2010 Phillips began serving an eight-year term of supervised release stemming from a 2003 conviction for possession of cocaine base with intent to distribute. In October 2017, Quincy police officers stopped him as he drove out of the parking lot of the Amtrak station. A dog alerted that drugs might be present in the car. The officer conducted a search, discovered approximately 196 grams of heroin, and arrested Phillips for possession with intent to distribute. Phillips moved to suppress the evidence, arguing that there was no violation of any traffic law, so the police lacked probable cause for the stop. The district court concluded that the exclusionary rule does not apply to supervised-release-revocation hearings. The Seventh Circuit affirmed. Two of the Supreme Court’s rationales for declining to extend the exclusionary rule to the parole context equally apply to hearings for the revocation of supervised release. The exclusionary rule would “alter the traditionally flexible, administrative nature of parole revocation proceedings.”
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