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IN: Officer's testimony at suppression hearing undermined SW affidavit, so Herring and Leon did not apply

By John Wesley Hall, Jr.

Suppression hearing testimony contradicted the showing of probable cause in the search warrant affidavit. This was sufficient to defeat the state's reliance on the good faith exception under Herring and Leon. Hayworth v. State, 2009 Ind. App. LEXIS 727 (April 20, 2009): At issue in this case is the first exception, that is, a magistrate being misled by information in an affidavit. The United States Supreme Court clarified in Herring that to trigger the Fourth Amendment's exclusionary rule, the "police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system." 129 S. Ct. at 702. "[T]he exclusionary rule serves to deter deliberate, reckless, or grossly negligent conduct or in some circumstances recurring or systemic negligence...continue to full post

Full post as published by Fourth Amendment on April 24, 2009 (boomark / email).