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Herring v. United States | 555 U.S. 135 (2009)
Imagine that police officers run a computer check on you and determine that you have an outstanding arrest warrant. They then arrest and search you without a search warrant, finding illegal contraband. If it turns out that the computer erroneously showed an outstanding warrant that in fact had been rescinded by the court, would the incriminating evidence be admissible? The United States Supreme Court addressed this issue in Herring versus United States.
Officials from the sheriff’s department in Coffee County, Alabama, asked the sheriff’s department in neighboring Dale County to determine whether Bennie Dean Herring, a man known to have a criminal record, had any outstanding arrest warrants in Dale County. A Dale County official confirmed that Herring did have an outstanding arrest warrant. Coffee County officials then arrested Herring as he was driving his truck. During a search incident to his arrest, officers found methamphetamine and a firearm.
A federal grand jury later indicted Herring for illegal possession of a firearm by a felon and possession of methamphetamine.
Shortly after Herring’s arrest, it was learned that the arrest warrant had been rescinded by a Dale County court several months earlier. As it turned out, the Dale County official who had notified the Coffee County officials had relied on outdated information in the sheriff department’s computer system.
In a pretrial motion to suppress the evidence of the firearm and methamphetamine, Herring contended that, because the Coffee County officials had arrested him on a nonexistent warrant, his arrest and search incident to it were unconstitutional under the Fourth Amendment. The prosecution contended that the exclusionary rule didn’t apply under the good-faith exception. The federal district court agreed and denied the motion.
Herring then had a jury trial, and he was convicted. The district court sentenced him to 27 months in prison. Herring appealed to the Eleventh Circuit, which affirmed his conviction. Herring then successfully petitioned the United States Supreme Court.
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