United States v. Kerry Stephen Hebert, Opinion, 201 F.3d 1103 (9th Cir. 2000). · Go Syfert
United States v. Kerry Stephen Hebert, Opinion, 201 F.3d 1103 (9th Cir. 2000). Cases Citing This Book View Copy Cite
“we conclude that the court's reasoning in scott applies equally to suppression of evidence in federal supervised release proceedings....”
22 citation events (22 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Campbell (nywd, 2018-11-30)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Campbell
W.D.N.Y. · 2018 · quote attribution · 1 verbatim quote · confidence low
we conclude that the court's reasoning in scott applies equally to suppression of evidence in federal supervised release proceedings....
discussed Cited as authority (rule) United States v. DeRon Edwards Robinson
6th Cir. · 2023 · confidence medium
See United States v. Hightower, 950 F.3d 33 , 36–38 (2d Cir. 2020) (per curiam); Hill, 946 F.3d at 1241–42; Phillips, 914 F.3d at 558–60; United States v. Charles, 531 F.3d 637, 640 (8th Cir. 2008); United States v. Herbert, 201 F.3d 1103, 1104 (9th Cir. 2000) (per curiam); United States v. Armstrong, 187 F.3d 392 , 393–95 (4th Cir. 1999); United States v. Montez, 952 F.2d 854 , 857–59 (5th Cir. 1992).
discussed Cited as authority (rule) United States v. William Green
9th Cir. · 2021 · confidence medium
However, even assuming for the sake of argument that the asserted constitutional violations occurred, the argument fails, as “the exclusionary rule does not apply to supervised release revocation hearings.” United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir. 2000) (per curiam). 2.
discussed Cited as authority (rule) United States v. Hightower (2×) also: Cited "see"
2d Cir. · 2020 · confidence medium
For example, in United States v. Hebert, the Ninth Circuit concluded that “the [Supreme] Court’s reasoning in Scott applies equally to suppression of evidence in federal supervised release proceedings.” 201 F.3d 1103, 1104 (9th Cir. 2000).
discussed Cited as authority (rule) United States v. Jeffery Monkentee Hill
11th Cir. · 2020 · confidence medium
See United States v. Phillips, 914 F.3d 557, 558 (7th Cir. 2019) (“Scott left no room for the application of the exclusionary rule to supervised-release-revocation hearings.”); United States v. Charles, 531 F.3d 637, 640 (8th Cir. 2008) (“[T]he exclusionary rule generally does not apply in revocation of supervised release proceedings.”); United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir. 2000) (per curiam) (“[W]e conclude that the exclusionary rule does not apply to supervised release revocation hearings.”); United States v. Armstrong, 187 F.3d 392, 394 (4th Cir. 1999) (“Scot…
cited Cited as authority (rule) United States v. Brian Wright
9th Cir. · 2018 · confidence medium
It is undisputed that “the exclusionary rule does not apply to supervised release revocation hearings.” United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir. 2000).
cited Cited as authority (rule) State v. Walker
Del. Super. Ct. · 2018 · confidence medium
Winsett, however, was subsequently overruled by U.S. v. Hebert, 201 F.3d 1103, 1103 (9th Cir. 2000).
discussed Cited as authority (rule) Logan v. Commonwealth
Va. Ct. App. · 2009 · confidence medium
See also United States v. Armstrong, 187 F.3d 392, 394 (4th Cir.1999) (holding that "the reasoning of Scott applies equally to supervised release revocation proceedings as to parole revocation proceedings”); United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir.2000) {‘‘Scott applies equally to suppression of evidence in federal supervised release proceedings"); State v. Martin, 595 N.W.2d 214, 216 (Minn.Ct.App. 1999) (applying Scott to probation revocation proceeding because there is "no material distinction between the probation and parole systems”); Commonwealth v. Lehman, 851 A.2d …
cited Cited "see" United States v. Javier Garcia
9th Cir. · 2020 · signal: see · confidence high
See United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir. 2000) (per curiam).
discussed Cited "see" United States v. Derrick Phillips
7th Cir. · 2019 · signal: see · confidence high
See United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir. 2000) (holding exclusionary rule inapplicable to supervised release); United States v. Armstrong, 187 F.3d 392, 394 (4th Cir. 1999) (same); see also United States v. Charles, 531 F.3d 637, 640 (8th Cir. 2008) (holding the exclusionary rule inapplicable to supervised release in the absence of a showing of police har- assment); United States v. Montez, 952 F.2d 854, 857 (5th Cir. 1992) (same).
discussed Cited "see" United States v. Derrick Phillips
7th Cir. · 2019 · signal: see · confidence high
See United States v. Hebert , 201 F.3d 1103 , 1104 (9th Cir. 2000) (holding exclusionary rule inapplicable to supervised release); United States v. Armstrong , 187 F.3d 392 , 394 (4th Cir. 1999) (same); see also United States v. Charles , 531 F.3d 637 , 640 (8th Cir. 2008) (holding the exclusionary rule inapplicable to supervised release in the absence of a showing of police harassment); United States v. Montez , 952 F.2d 854 , 857 (5th Cir. 1992) (same).
cited Cited "see" United States v. Island
9th Cir. · 2008 · signal: see · confidence high
See United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir.2000) (per curiam); see also United States v. DiazRosas, 13 F.3d 1305, 1307 (9th Cir.1994) (per curiam).
discussed Cited "see" United States v. Thomas Cameron Kincade (2×)
9th Cir. · 2003 · signal: see · confidence high
See United States v. Hebert, 201 F.3d 1103, 1104 (9th Cir.2000); see also United States v. Harper, 928 F.2d 894 , 896 n. 1 (9th Cir.1991) ("[W]e see [no] constitutional difference between probation and parole for purposes of the fourth amendment”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Kerry Stephen HEBERT, Defendant-Appellant
98-50198.
Court of Appeals for the Ninth Circuit.
Feb 3, 2000.
201 F.3d 1103
Knut S. Johnson, San Diego, California, for the defendant-appellant., Brian M. Pearce, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.
Leavy, Trott, Silverman.
Cited by 19 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: W.D. New York (1)
PER CURIAM:

Kerry Stephen Hebert appeals the district court’s denial of his motion to suppress evidence presented at his supervised release revocation hearing. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. FACTS AND PROCEDURAL HISTORY

In 1989, Hebert pled guilty to federal armed bank robbery and state armed robbery charges. In 1995, he was released from prison and began serving simultaneous terms of federal supervised release[*1104] and state parole. On July 23, 1996, local police detectives and parole officers conducted a warrantless “parole search” of Hebert’s apartment. During this search, the officers found approximately 31 grams of methamphetamine in a vest belonging to Hebert.

Hebert was charged in state court with possession of a controlled substance for sale, based on the results of the search. The state trial court, however, suppressed the methamphetamine on the ground that at the time of the search the officers lacked evidence creating a reasonable suspicion that Hebert was engaging in criminal activity. Nonetheless, the California parole board revoked Hebert’s parole.

Upon his release from the state prison on July 24, 1997, Hebert was transferred to federal custody and ordered to show cause why his supervised release should not be revoked. The sole alleged violation was possession of the methamphetamine found during the July 23, 1996 search. Hebert moved to suppress the methamphetamine from his revocation proceedings as the fruit of an unconstitutional search. At the first suppression hearing, the district court declined to rule on the government’s challenge to the application of the exclusionary rule as a general matter to supervised release revocation proceedings. Instead, the district court heard evidence, and ultimately found that the government had failed to present sufficient evidence to establish that the officers had a reasonable suspicion of Hebert’s criminal activity to justify the search.

The district court, however, allowed the government to present new witnesses at a second hearing and this time the court found that the officers did have articulable facts giving rise to a reasonable suspicion that Hebert was involved in criminal activity. The district court consequently denied Hebert’s motion to suppress, revoked his supervised release, and sentenced him to two years incarceration. Hebert timely appealed.

II. DISCUSSION

Hebert contends that the methamphetamine seized in the search of his apartment should have been suppressed at his federal supervised release revocation hearing because the officers conducting the search lacked a reasonable suspicion that Hebert was involved in criminal activity. We need not address the merits of Hebert’s contention, however, because we conclude that the exclusionary rule does not apply to supervised release revocation hearings.

We review de novo the district court’s denial of a motion to suppress. See United States v. Kemmish, 120 F.3d 937, 939 (9th Cir.), cert. denied, 522 U.S. 1132, 118 S.Ct. 1087, 140 L.Ed.2d 144 (1998).

The United States Supreme Court has recently rejected the application of the exclusionary rule in state parole revocation proceedings, concluding that exclusion of evidence seized in violation of the Fourth Amendment from these hearings would severely disrupt their traditionally flexible and non-adversarial nature without creating any significant deterrent effect discouraging police and parole officers from conducting improper searches. See Pennsylvania Bd. of Probation and Parole v. Scott, 118 S.Ct. 2014, 2020-22 (1998). We conclude that the Court’s reasoning in Scott applies equally to suppression of evidence in federal supervised release proceedings, and consequently affirm the district court’s denial of Hebert’s suppression motion. [2]

AFFIRMED.

2

. We also acknowledge that the Court’s decision in Scott forecloses the possible exception we commented upon in United States v. Winsett, 518 F.2d 51, 54 n. 5 (9th Cir.1975), arising when the officers conducting the search know the suspect is under post-release supervision. See Scott, 118 S.Ct. at 2020-22.