People ex rel. Piccarillo v. New York State Board of Parole, 48 N.Y.2d 76 (1979)
The exclusionary rule, which prohibits the use of illegally seized evidence, applies to parole revocation hearings in New York, preventing the use of such evidence to revoke parole.
Summary
Piccarillo, a parolee, was arrested for possession of a controlled substance after a police search of his car revealed amphetamine pills. At his parole revocation hearing, the evidence from the search was admitted, and his parole was revoked. Subsequently, the evidence was suppressed in the criminal case due to an illegal search. Piccarillo then sought habeas corpus, arguing the Board of Parole should not have considered the suppressed evidence. The New York Court of Appeals held that the exclusionary rule applies to parole revocation hearings, reasoning that allowing illegally seized evidence would undermine the rule’s deterrent effect and violate a parolee’s constitutional rights.
Facts
Piccarillo was released on parole after serving sentences for attempted robbery. He was stopped by police for driving without operational taillights. A search of his car revealed a container of pills, leading to his arrest for possession of a controlled substance. At his parole revocation hearing, this evidence was admitted. Later, in the criminal case stemming from the same incident, a court determined the search was illegal and suppressed the evidence.
Procedural History
A preliminary parole revocation hearing found probable cause to revoke Piccarillo’s parole. At the final revocation hearing, his motion to suppress the evidence from the car search was denied, and his parole was revoked based on that evidence. Subsequently, the evidence was suppressed in the criminal case. Piccarillo then initiated a habeas corpus proceeding, which was initially denied by the Supreme Court. The Appellate Division reversed, restoring Piccarillo to parole. The New York Court of Appeals then reviewed the Appellate Division’s decision.
Issue(s)
Whether the exclusionary rule prohibits the consideration of evidence at a parole revocation hearing when such evidence has been determined by a court to be the fruit of an illegal search and seizure.
Holding
Yes, because the exclusionary rule applies to administrative proceedings in New York, and a parolee’s right to be free from unreasonable searches and seizures remains intact, even while on parole.
Court’s Reasoning
The court reasoned that while a parole revocation hearing is administrative, the consequences for the parolee are significant. The exclusionary rule applies to administrative as well as criminal proceedings in New York. The court emphasized that the purpose of the exclusionary rule is deterrence: “To the extent that the State, or its agents, can bypass the deterrent effect of the exclusionary rule by using the fruits of an illegal search in a ‘civil’ or ‘administrative’ proceeding, the incentive for enforcement and investigative personnel to exceed constitutional limitations on their activity remains and the effectiveness of the rule as a deterrent is diminished.” Allowing illegally seized evidence in parole revocation hearings would undermine this deterrent effect. The court further noted that parolees do not relinquish all constitutional rights, including the right to be free from unreasonable searches and seizures. While a parolee’s status may be considered when determining whether a search is unreasonable, it does not justify an exception to the exclusionary rule. The court rejected the argument that the Parole Board’s need for all relevant information outweighs the deterrent effect of the exclusionary rule, stating that the rule is addressed to the “insidiousness of unreasonable searches and seizures.” The court concluded that applying the exclusionary rule to parole revocation hearings upholds the constitutional guarantee against unreasonable searches and seizures and prevents the rule’s erosion.