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Author Topic: Not a raid, but no valid warrant  (Read 2975 times)


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Not a raid, but no valid warrant
« on: February 20, 2008, 10:01:19 am »

Supreme Court to review 'exclusionary rule' on evidence

A police employee from a neighboring county said there was such a warrant, and then Anderson and another officer set off in pursuit of Herring. They pulled him over, arrested him and found methamphetamine in his pocket and a gun in his car. Minutes later, the police employee called back to say there was a mistake. The warrant against Herring had been revoked, but the entry in the computer file had not been updated.

When Herring went to trial on federal drug charges, a judge refused to suppress the evidence against him. The U.S. Court of Appeals in Atlanta agreed, saying it made no sense "to scuttle a case" when the arresting officer was "entirely innocent of any wrongdoing or carelessness."

Two Stanford law professors appealed on Herring's behalf. They argued the that court should not allow arrests and prosecutions that were triggered by computer errors and faulty record-keeping by the police.

Everyone knows that databases are never wrong.  :rolleyes:

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