To Exclude or Not to Exclude: The Future of the Exclusionary Rule after Herring v. United States
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Authors
Josephson, Matthew Allan
Issue Date
2010
Volume
43
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Herring v. United States, the Supreme Court of the United States issued what could be a landmark criminal procedure opinion that will reshape the meaning of the Fourth Amendment exclusionary rule. In Herring, the Court directly addressed whether the Fourth Amendment exclusionary rule applies when law enforcement personnel negligently provide erroneous information that eventually leads to an unlawful arrest. In a 5-4 opinion, the Court ruled in the negative, concluding that when police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply. While arguably a narrow decision, the far-reaching logic of the Herring opinion is hard to ignore...
Description
Citation
43 Creighton L. Rev. 175 (2009-2010)
Publisher
Creighton University School of Law