Federal PV warrant issued under 18 U.S.C. § 4213 is an administrative, not judicial, warrant

Parole violator warrants under the old regime of 18 U.S.C. § 4213, still in place for older convicts, are administrative warrants issued outside of the Warrant clause of the Fourth Amendment. The court distinguished United States v. Vargas-Amaya, 389 F.3d 901 (9th Cir. 2004), on warrants for revocation of supervised release, interpreting 18 U.S.C. § 3583(i) to incorporate the Fourth Amendment. Sherman v. United States Parole Comm’n, 502 F.3d 869 (9th Cir. 2007).

After defendant’s stop, the officer noticed drugs in defendant’s hand, and that justified a search of defendant’s car under the automobile exception. (The government admittedly raised this argument because search incident was too tenuous to support a search of the vehicle.) United States v. Lawson, 2007 U.S. Dist. LEXIS 64628 (C.D. Ill. August 31, 2007).*

Habeas relief denied to an inmate who pro se claimed ineffective assistance for defense counsel’s failure to object to the police listening in to his conversation with his wife with her permission where he confided in her about his crime. Palmisano v. Yates, 2007 U.S. Dist. LEXIS 64621 (S.D. Cal. August 31, 2007).*