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Negligent maintanence of information resulting in defendant's arrest by another law enforcement agency did not justify exclusion of evidence

By John Wesley Hall, Jr.

Negligent maintanence of erroneous information into NCIC that resulted in defendant's arrest by another law enforcement agency did not justify exclusion of evidence under Leon. United States v. Hulsey, 2008 U.S. Dist. LEXIS 61357 (S.D. Ill. August 12, 2008): In the instant case, the Court finds that even if the "error" regarding the validity of Defendant's warrant was likely made by law enforcement personnel, it was personnel from a different law enforcement agency -- it was not the agency that actually arrested Defendant, relying upon the faulty NCIC database entry. The facts also show this type of error rarely occurred and was corrected upon its discovery. Thus, the Court looks to whether application of the exclusionary rule would result in an appreciable deterrence of police error and whether the benefit of excluding the evidence would outweigh the costs to society...continue to full post

Full post as published by Fourth Amendment on August 14, 2008 (boomark / email).