concurrence">Griffin, P.J.

(concurring). I concur in the result reached by Judge Shepherd. The judgment of the lower court is therefore affirmed.

I write separately, however, because I cannot agree with much of Judge Shepherd’s analysis regarding the applicability of the exclusionary rule to probation revocation proceedings. In my view, the applicability of the exclusionary rule should not hinge solely on the narrow question whether the police had actual knowledge or reason to know that the target of their illegal search and seizure was a probationer. Rather, I would examine the totality of the circumstances surrounding the Fourth Amendment violation and apply the exclusionary rule to the probation revocation proceedings only in those cases where (1) the exclusion of the evidence would substantially further the deterrent purpose of the exclusionary rule, and (2) the need for deterrence outweighs the harm to the probation system.

The exclusionary rule is "a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a personal constitutional right of the party aggrieved.” United States v Leon, 468 US 897, 906; 104 S Ct 3405; 82 L Ed 2d 677 (1984). The exclusionary rule has never been invoked to disallow the use of illegally seized evidence in all proceedings or against all persons. United States v *354Calandra, 414 US 338; 94 S Ct 613; 38 L Ed 2d 561 (1974). Rather, any extension of the rule beyond its traditional applicability in criminal proceedings is warranted only where the use of the remedy would result in appreciable deterrence of police misconduct. Leon, supra at 909. Thus, in deciding to extend the exclusionary rule, the likelihood that the rule’s deterrent effect will be achieved should be balanced against the cost of withholding reliable information from the truth-seeking process. Illinois v Krull, 480 US 340, 347; 107 S Ct 1160; 94 L Ed 2d 364 (1987). See, e.g., United States v Janis, 428 US 433, 454; 96 S Ct 3021; 49 L Ed 2d 1046 (1976); Calandra, supra at 351-352.

The competing interests involved in determining whether to extend the exclusionary rule to probation revocation proceedings involve a balancing of the potential harm to the probation system if the evidence is excluded versus the potential benefit of deterring police misconduct. See, e.g., United States v Winsett, 518 F2d 51, 54-55 (CA 9, 1975); Ex parte Caffie, 516 So 2d 831, 834 (Ala, 1987). If the potential harm substantially outweighs the potential benefits, then the rule should not be extended. See Calandra, supra at 351-352.

Although not directly addressed by either the parties or my colleagues, I would hold that the United States1 and Michigan2 constitutional guarantees against unreasonable searches and seizures are coextensive with regard to this issue. I find no compelling reason to impose a different or more restrictive construction upon the parallel provision of the Michigan Constitution than is required by the United States Constitution. People v Collins, 438 Mich 8, 11; 475 NW2d 684 (1991). Also see *355People v Nash, 418 Mich 196; 341 NW2d 439 (1983).

In Michigan, probation is a matter of grace and confers no vested rights in its continuance. MCL 771.4; MSA 28.1134. Under our court rules, the prosecution has the burden of proving by a preponderance of the evidence that a probation violation occurred. MCR 6.445(E)(1).

Judge Fitzgerald would fully extend the exclusionary rule to probation revocation proceedings. He relies upon United States v Workman, 585 F2d 1205 (CA 4, 1978), which is the lone federal appellate court decision that has done so. Judge Fitzgerald agrees with the Workman rationale in concluding that a probation revocation proceeding is a "criminal proceeding similar to a criminal trial and may result in a loss of liberty”, post at 360, thus warranting the application of the exclusionary rule. I respectfully disagree. A revocation hearing is not a new trial, but, rather, a hearing to determine whether the defendant has abused the privilege of probation. At the time of the revocation hearing, the defendant stands convicted of a crime. His rights are restricted and his liberty is conditional.

In United States v Bazzano, 712 F2d 826, 833 (CA 3, 1983), the United States Third Circuit Court of Appeals, emphasized the following important distinctions between a criminal trial and a probation revocation hearing:

In considering the effect on probation revocation proceedings of extending the exclusionary rule, it must be remembered that because the probationer has already been found guilty of a crime, and his *356liberty is only "conditional,” United States v Basso, 632 F2d 1007, 1013 (2d Cir, 1980), cert denied, 450 US 965; 101 S Ct 1480; 67 L Ed 2d 613 (1981), a revocation hearing is, in effect, more a resentencing than a taking of rights. As the Supreme Court indicated in Morrissey v Brewer, 408 US 471; 92 S Ct 2593; 33 L Ed 2d 484 (1972), and Gagnon v Scarpelli, 411 US 778; 93 S Ct 1756; 36 L Ed 2d 656 (1973), the "full panoply of rights” due a defendant in a criminal prosecution is not available in a revocation proceeding: Morrissey v Brewer, supra, 408 US at 480; 92 S Ct at 2599. For example, the government has a lesser burden of proof in revocation proceedings, United States v Manuszak, 532 F2d 311, 317 (3d Cir, 1976), and the Federal Rules of Evidence (other than with respect to privileges) do not apply, Fed R Evid 1101(d)(3).

Further, the potential harm to our probation system from invocating the exclusionary rule is substantial. As the Ninth Circuit Court of Appeals summarized in Winsett, supra at 54-55:

The primary purpose of probation, which has become an integral part of our penal system, is to promote the rehabilitation of the criminal by allowing him to integrate into society as a constructive individual, without being confined for the term of the sentence imposed. Cf. Morrissey v Brewer, 408 US 471, 477; 92 S Ct 2593; 33 L Ed 2d 484 (1972). An important aspect of our probation system is the placing of certain restrictions on the probationer, such as the requirement that he not associate with criminals or travel outside the judicial district. These conditions serve a dual purpose in that they enhance the chance for rehabilitation while simultaneously affording society a measure of protection. Because violation of probation conditions may indicate that the probationer is not ready or is incapable of rehabilitation by integration into society, it is extremely important that all reliable evidence shedding light on the probation*357er’s conduct be available during probation revocation proceedings.

Consequently, to apply the exclusionary rule to probation revocation hearings would tend to frustrate the remedial purposes of the probation system. Not only would extension of the rule impede the court’s attempt to assess a probationer’s progress or regression, but also it would force probation officers to spend more of their time personally gathering admissible proof concerning those probationers who cannot or will not accept rehabilitation.

Most important, the exclusionary rule should be invoked only when its deterrent purpose would be substantially furthered. I cannot agree that deterrence would be served in every probation revocation proceeding irrespective of the nature of the Fourth Amendment violation.

I agree with Judge Shepherd and with the great weight of authority that the exclusionary rule is not fully applicable to probation revocation proceedings. See anno: Admissibility, in state probation revocation proceedings, of evidence obtained through illegal search and seizure, 77 ALR3d 636. However, I disagree with Judge Shepherd’s belief that a police officer’s knowledge of the defendant’s probationary status should mechanically trigger the application of the exclusionary rule.

In my view, Judge Shepherd’s knowledge test is simply too broad. See United States v Montez, 952 F2d 854 (CA 5, 1992). The adoption of such a rule would lead to the exclusion of evidence in probation revocation proceedings where the facts simply do not justify exclusion given the competing interests at stake. Although a police officer’s knowledge of the defendant’s probationary status is certainly a relevant consideration to cause careful scrutiny of the officer’s actions, such knowledge should not *358serve as the sole basis for determining the applicability of the exclusionary rule. Rather, the deterrent effect of excluding the evidence should be assessed and weighed against the harm to our probation system.

My views regarding this issue are substantially influenced by the scholarly review and analysis contained in note, The applicability of the exclusionary rule to probation revocation proceedings, 17 Mem St U L R 555 (1987). Its author articulates the following rule of law that I accept and urge the Supreme Court to adopt:

[The decision whether to apply the exclusionary rule to a probation revocation proceeding] should only be made after carefully reviewing all the facts surrounding the particular fourth amendment violation to determine whether exclusion will substantially further the rule’s deterrent purpose. Since the rule is not constitutionally mandated, the courts must carefully avoid defeating its deterrent purpose by mechanically applying the rule to every revocation proceeding.

. . . [T]he court’s analysis must focus specifically on any deterrent benefits application of the rule might provide. Various factors the courts should consider include whether the officer knew that the victim of the fourth amendment violation was a probationer, whether the officer was acting in good faith when conducting the illegal search, and whether the evidence was secured for the primary purpose of using it in a revocation proceeding. Only after reviewing all the surrounding factors will the court be able to properly assess whether exclusion of the evidence will further the rule’s deterrent purpose.

The court’s analysis of this issue must not stop at this point, however, for deterrence alone does *359not justify invoking the exclusionary rule. As set forth in Calandra, the courts must remain concerned with the harm that will necessarily result through exclusion of the incriminating evidence. Probation, which allows a convicted defendant to avoid incarceration, is designed to protect society while attempting to rehabilitate the defendant. If a defendant’s abuse of his probationary privilege is barred from judicial review, the dual goals of probation become severely impaired.

Therefore, the determination of whether to apply the exclusionary rule to a probation revocation proceeding requires a two-step analysis. First, the courts must ascertain whether any appreciable deterrent benefits can be achieved through exclusion. If so, the courts must then decide if the need for deterrence outweighs the injury the probation system will necessarily suffer if incriminating evidence is excluded from the proceeding. Only if the answer to the latter question is yes should the exclusionary rule be applied. [Id. at 580-581.]

After applying the above test, I concur with Judge Shepherd in affirming the decision of the lower court. I do so for the reason that in the present case the exclusion of the evidence would not substantially further the deterrent purpose of the exclusionary rule. I join in the remaining portions of Judge Shepherd’s opinion.

US Const, Am IV.

Const 1963, art 1, § 11.

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