STATE v. SHIRLEY

No. 2 CA-CR 1112.

117 Ariz. 105 (1977)

570 P.2d 1278

The STATE of Arizona, Appellant, v. Michael Steven SHIRLEY, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 28, 1977.

Review Denied October 12, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., Phoenix, James E. Don, Pinal County Atty. by W. Allen Stooks, Deputy County Atty., Florence, for appellant.

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by A. Thomas Cole, Casa Grande, for appellee.


OPINION

RICHMOND, Judge.

This appeal raises the question of whether the exclusionary rule, invoked to suppress evidence of an illegal search, should be applied to a probation revocation hearing when the police officers who conducted the search were aware of the defendant's status as a probationer. We agree with the trial court that it should in this instance.

On April 28, 1975, appellee Michael Shirley pled guilty to the crime of second degree burglary...

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