· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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