State v. Thakston
Annotate this CaseWhile on probation in Douglas County, defendant was charged with drug-related offenses in Paulding County. The Douglas County Court issued a probation warrant for his arrest based on the Paulding County charges and defendant was arrested on the probation warrant in October 2007. While executing the warrant, officers saw methamphetamine on a table and then obtained and executed a search warrant and found more methamphetamine and drug paraphernalia. Defendant moved to suppress the evidence seized both in March and October in the Paulding County criminal case. At issue was whether the exclusionary rule applied in probation revocation proceedings. The court held that because application of the exclusionary rule to probation revocation proceedings would achieve only marginal deterrent effects and would significantly alter and affect the proper administration of the probation system in the state, the court found the deterrence benefits of the exclusionary rule did not outweigh the costs of the system. Therefore, under the proper balancing test, neither the federal nor state constitutions required application of the exclusionary rule in state probation revocation proceedings.
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