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04/27/76 PEOPLE v. HARDENBROOK

April 27, 1976

PEOPLE
v.
HARDENBROOK



Appeal from Kalamazoo, Raymond W. Fox, J.

J. H. Gillis, P. J., and N. J. Kaufman and E. A. Quinnell,* JJ.

SYLLABUS BY THE COURT

1. -- Probation Violation -- Number of Hearings -- Constitutional Law -- Due Process.

A single hearing for a probationer charged with probation violation will provide due process where the hearing is sufficiently close in time to the notice of violation that the probationer is not held for a substantial time period without some kind of determination that he violated probation.

2. -- Probation Violation -- Probation Revocation -- Constitutional Law -- Due Process -- Statutes.

The Michigan statutory procedures governing probation violations satisfy the due process requirements of U.S. Supreme Court precedent concerning probation revocation proceedings.

3. -- Probation Violation -- Preliminary Hearing -- Probable Cause -- Constitutional Law -- Due Process.

A probationer charged with a probation violation was not denied due process by the state's failure to give the probationer a preliminary hearing to determine probable cause for the probation violation where the probationer was arraigned within 72 hours following his arrest, a final revocation hearing was held seven days later, and the entire proceeding was handled in an expeditious manner.

4. -- Probation Revocation -- Rights of Defendant.

The revocation of probation is not part of a criminal prosecution and the full panoply of rights due a defendant in a criminal proceeding does not apply to probation revocations.

5. -- Probation Revocation -- Miranda Warnings -- Exclusionary Rule.

A probationer's statements to his probation officer are admissible in a probation revocation proceeding even though no Miranda warnings were given.

6. -- Probation Revocation -- Rules of Evidence -- Statutes.

Probation revocation hearings are summary, informal, and not subject to the rules of evidence applicable in criminal ...


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