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· 8/15/1978

United States v. Alphonso Polito

Citations

  • 583 F.2d 48
  • 1978 U.S. App. LEXIS 9525

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that “case law indicates that parolees are neither totally stripped of nor fully invested with constitutional protections,” but that retaking a parolee is not the same as an arrest for constitutional purposes
  • refusing to characterize arrest of parolee as an “arrest” for fourth amendment purposes
  • refusing to characterize arrest of parolee as an \arrest\ for fourth amendment purposes
  • because the status and rights of a parole violator are analogous to those of an escaped convict, his detention is “not an ‘arrest’ for Fourth Amendment purposes”
  • “The difference in status and protection is based on the fact that parolees have been convicted of a crime and are still serving their sentence while on parole, al beit not within prison walls”
  • “The difference in status and protection is based on the fact that parolees have been convicted of a crime and are still serving their sentence while on parole, albeit not within prison walls”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Gurfein, Meskill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.