WHAT IF THE FACTS WERE DIFFERENT? Suppose that the warrant for Herring’s arrest had still been outstanding but had been based on false information. Should the standards applied in this case apply in those circumstances? Explain.

THE LEGAL ENVIRONMENT DIMENSION What does the decision in this case mean for businesses that are subjected to searches by law enforcement personnel?

The sheriff’s office in Dale County, Alabama, maintains copies of arrest warrants in a computer database. When a warrant is recalled, Sharon Morgan, the warrant clerk, enters this information in the database and discards the physical copy of the warrant. In July 2004, Sandy Pope, the warrant clerk in the sheriff’s department in neighboring Coffee County, asked Morgan if there were any outstanding arrest warrants for Bennie Herring. Morgan checked her database and told Pope that there was a warrant. Coffee County officers then arrested Herring. A search revealed methamphetamine in his pocket and an illegal gun in his truck. Meanwhile, Morgan discovered that a mistake had been made: the warrant had been recalled. Herring was charged in a federal district court with illegal possession of a gun and drugs. He filed a motion to exclude the evidence on the ground that his arrest had been illegal. The court denied the motion, the U.S. Court of Appeals for the Eleventh Circuit affirmed the denial, and Herring appealed to the United States Supreme Court.