Archive for January 14th, 2009
The Broad Scope of Herring
0 Comments Published by Kedar January 14th, 2009 in Constitutional Law, Fourth Amendment, John Roberts, Supreme CourtEarlier this morning, the Supreme Court held in Herring v. United States that non-systematic negligence by police officers fall within the scope of the good-faith exception to the exclusionary rule. I wrote about the case after oral arguments here. The decision of the conservative majority to significantly expand the scope of the good-faith exception to [...]
Supreme Court Hands Down Opinions in Herring v. US, Oregon v. Ice
0 Comments Published by Kedar January 14th, 2009 in Constitutional Law, Sentencing, Supreme CourtThe Supreme Court released opinions in Herring v. US (opinion) and Oregon v. Ice (opinion). In Herring, the Court ruled, 5-4, that isolated incidents of negligence are enough to trigger the exclusionary rule and, perhaps more importantly, ‘unreasonableness’ does not necessary trigger the exclusion of evidence. Chief Justice Roberts authored the majority opinion and was [...]



