People (ex rel. Gueits) v. Warden, George Motchan Detention Center

Criminal Practice

New York Law Journal


Justice Dominic Massaro

Inmate Gueits sought a writ of habeas corpus for his release from custody and vacatur of his parole warrant. He was taken into custody for parole violations arising from a criminal gun-related arrest. Gueits sought a Dunaway/Mapp/Huntley hearing for the court to decide whether to suppress "fruits of an allegedly unlawful police action" at a parole hearing. He claimed evidence of his parole violations was illegally obtained during a search of his vehicle, including statements obtained after an unlawful detention and search, making the evidence inadmissible. Respondents argued the exclusionary rule no longer applied to parole hearings. Federal and state courts were divided on whether the exclusionary rule applied. The Court of Appeals found the exclusionary rule applied to parole revocation hearings, but the U.S. Supreme Court reached an opposite conclusion. This court ruled the exclusionary rule prohibiting use of illegally obtained evidence applied to all stages of the parole revocation process in New York, finding Gueits raised reasonable concerns about searches at issue. It granted a Mapp hearing where Gueits could challenge the manner respondent came into possession of evidence, staying vacatur.

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