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Criminal Law
: Fourth AmendmentJeff Fisher gets another cert grant: Herring v. U.S.
By John Wesley Hall, Jr.
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SCOTUS has granted cert in Herring v. United States, No. 07-513, decision below 492 F.3d 1212 (11th Cir. 2007), posted here July 18.
The issue, as stated by Willamette Law School:
Whether the exclusionary rule requires the suppression of evidence obtained as a result of a search that was conducted on a good faith mistake that the defendant had an outstanding warrant for his arrest.
The summary from Willamette:
The issue is whether the exclusionary rule requires the suppression of evidence obtained as a result of a search that was conducted on a good faith mistake that the defendant had an outstanding warrant for his arrest. A county police officer who saw defendant Herring checking on his impounded vehicle at the sheriff’s lot, and who had good reason to believe that defendant had a warrant out for his arrest, called the warrant clerk in a neighboring county to verify...continue to full postFull post as published by Fourth Amendment on February 20, 2008 (boomark / email).
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