The Champion

February 2009 , Page 56 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Search & Seizure Commentary

By Cynthia Hujar Orr

An Exclusionary Rule In Search of a Lifeline

When sloppy recordkeeping by law enforcement results in improperly obtained evidence, that evidence can still be used in court, the U.S. Supreme Court held in Herring v. United States. Does this January 14, 2009, decision mark the beginning of the end for the exclusionary rule? Only time will tell.

Herring, a 5-4 decision, began when Bennie Herring went to the Coffee County Sheriff’s Department to retrieve something from his impounded truck. Because of Herring’s long criminal record, a deputy checked to see if there were outstanding warrants for him. Dale County, an adjoining jurisdiction, incorrectly reported that Herring had an outstanding warrant. Based on this information, the deputy pulled Herring over after he left the impound lot. The officer discovered drugs and a weapon in the vehicle in a search incident to arrest. Dale County then notified the officer that Herring did not have an outstanding warrant. Herring sought to suppress the e

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad