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eBook details

• Title: Criminal Procedure - Good-Faith Exception to Exclusionary Rule Extends to Illegal Searches Based on Police Recordkeeping Errors - Herring V. United States.
• Author : Suffolk University Law Review
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 307 KB

Description

Criminal Procedure--Good-Faith Exception to Exclusionary Rule Extends to Illegal Searches Based on Police Recordkeeping Errors--Herring v. United States, 129 S. Ct. 695 (2009) The Fourth Amendment guarantees the right of the people to be free from unreasonable searches and seizures. (1) The United States Supreme Court created the exclusionary rule, which requires suppression of evidence obtained in violation of the Fourth Amendment when the potential to deter future police misconduct outweighs societal costs of excluding the evidence. (2) In Herring v. United States, (3) the Court considered whether to employ the exclusionary rule to suppress contraband found during a search incident to arrest by an officer who reasonably relied on an assurance of an outstanding warrant because of the negligent bookkeeping error by another law enforcement agency. (4) In a five-to-four decision, a majority of the Court held that the exclusionary rule would not have a sufficient deterrent effect on isolated incidences of negligent bookkeeping, and therefore affirmed the district court's decision to decline application of the exclusionary rule. (5)

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