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SCOTUS to reconsider the exclusionary rule

By william

The Supreme Court agreed Tuesday to reconsider the reach of the "exclusionary rule," a doctrine that has been controversial since the 1960s because it requires judges to throw out evidence if it was obtained improperly by the police.

The precise 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."

This should be a fun one to watch. The case is Herring v. United States, No. 07-513.

Full post as published by South Carolina Appellate Law Blog on February 20, 2008 (boomark / email).