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Without exclusionary rule, negligent police are just 'wild and crazy guys'

I'd expressed concern that the new SCOTUS precedent from the Herring case decided this week - which says that the exclusionary rule does not apply to negligent errors by the police - will make the problem of rights violations based on database errors even harder to solve. TChris at TalkLeft agreed, declaring "The Supreme Court's decision gives the police little incentive to keep their databases up to date and thus encourages wrongful arrests."But the discussion from news reports and the legal blogosphere makes me think the implications of Herring are a lot broader than that. Tom Goldstein at SCOTUSBlog predicts that "we will at some point soon regard today?s Herring decision as one of the most important rulings in that field in the last quarter century...continue to full post

Full post as published by Grits for Breakfast on January 16, 2009 (boomark / email).