· 3/28/2006
United States v. Garcia-Avalino
Citations
- 444 F.3d 444
- 2006 WL 771374
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a warrant for probationer’s arrest based on a probation officer’s unsworn application for probation revocation “need not comply with the Oath or affirmation clause of the Fourth Amendment”
- concluding that “[g]iven the relaxed constitutional norms that appl y in revocation hearings, a warrant for the arrest of a supervised releasee need not compl y with the Oath or affirmation clause of the Fourth Amendment.”
- stating that § 3583 is a jurisdic- tional provision while “section 3606 actually governs the issu- ance of warrants for the arrest of probationers or supervised releasees”
- rejecting the notion “that there is an implicit sworn-facts requirement embedded in the very meaning of the word ‘warrant’ as a legal term,” and concluding that the district court had jurisdiction over the defendant under § 3583(i
- rejecting the notion “that there is an implicit sworn-facts requirement embedded in the very meaning of the word ‘warrant’ as a legal term,” and concluding that the district court had jurisdiction over the defendant under § 3583(i
- not requiring an \oath or affirmation” due to the \the relaxed constitutional norms that apply in revocation hearings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jolly, Smith, Garza
Read full opinion on CourtListenerSourced 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.