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SCOTUS Take Exclusionary Rule Case

By Kent Scheidegger et al.

The U.S. Supreme Court has issued its order list from last Friday's conference. The one criminal case granted is Herring v. United States, No. 07-513. The Question Presented is: Whether the Fourth Amendment requires evidence found during a search incident to an arrest to be suppressed when the arresting officer conducted the arrest and search in sole reliance upon facially credible but erroneous information negligently provided by another law enforcement agent. Cert.-stage pleadings and the Eleventh Circuit opinion are available on SCOTUSblog. Among the cases denied certiorari were: Norris v. Simpson, No. 07-653, noted here Friday, on whether a murderer who never claimed to be retarded before, despite a state-law exclusion from capital punishment, can suddenly claim to be retarded after the Atkins decision...continue to full post

Full post as published by Crime and Consequences on February 19, 2008 (boomark / email).