| Herring v. United States | |
|---|---|
 | |
| Argued October 7, 2008 Decided January 14, 2009 | |
| Full case name | Bennie Dean Herring, Plaintiff, v. United States of America |
| Docket no. | 07-513 |
| Citations | 555 U.S. 135 (more) 129 S. Ct. 695; 172 L. Ed. 2d 496; 2009 U.S. LEXIS 581 |
| Case history | |
| Prior | Motion to suppress evidence denied, United States v. Herring, 451 F. Supp. 2d 1290 (M.D. Ala. 2005); defendant convicted; affirmed, 492 F.3d 1212 (11th Cir. 2007); cert. granted, 552 U.S. 1178 (2008). |
| Subsequent | Rehearing denied, 556 U.S. 1161 (2009). |
| Holding | |
| Evidence obtained after illegal searches or arrests based on simple police mistakes that are not the result of repeated patterns or flagrant misconduct cannot have the exclusionary rule used to suppress evidence. Convictions upheld. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Scalia, Kennedy, Thomas, Alito |
| Dissent | Ginsburg, joined by Stevens, Souter, Breyer |
| Dissent | Breyer, joined by Souter |
| Laws applied | |
| U.S. Const. amend. IV | |
Herring v. United States, 555 U.S. 135 (2009), was a case decided by the Supreme Court of the United States on January 14, 2009. The court decided that the good-faith exception to the exclusionary rule applies when a police officer makes an arrest based on an outstanding warrant in another jurisdiction, but the information regarding that warrant is later found to be incorrect because of a negligent error by that agency.[1][2]
- ^ Herring v. United States, 555 U.S. 135 (2009).
- ^ Leslie Schulman (February 19, 2008). "US Supreme Court to hear evidence suppression, state water rights cases". JURIST, University of Pittsburgh. Archived from the original on February 21, 2009. Retrieved February 29, 2008.
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