1. How does this decision square with the exclusionary rule’s objective of deterring police conduct?
2. Can you think of examples where police mistakes would rise to the level where the exclusionary rule would apply?

Herring was in a Sherriff’s department impound lot to retrieve personal items from his impounded truck. Police were familiar with Herring through past interactions, so they checked for any outstanding warrants for his arrest. Due to a clerical error, officers were incorrectly informed that an active warrant existed for Herron’s arrest and, pursuant to the warrant, they took him into custody shortly after his visit to the impound lot. During a search incident to the arrest, officers discovered illegal narcotics and an illegal firearm in Herring’s possession. Subsequently, the police records clerk discovered the oversight and officers became aware that the warrant for Herring’s arrest had, in fact, been recalled several months before.

  • CreatedNovember 06, 2014
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