Herring v. United States

E545159

Herring v. United States is a 2009 U.S. Supreme Court case that further limited the application of the exclusionary rule by holding that evidence need not be suppressed when obtained through isolated police negligence rather than deliberate or reckless misconduct.

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All labels observed (1)

Label Occurrences
Herring v. United States canonical 2

Statements (45)

Predicate Object
instanceOf United States Supreme Court case
criminal procedure case
category United States Supreme Court cases decided in 2009
United States Supreme Court cases on the Fourth Amendment
citation 129 S. Ct. 695
172 L. Ed. 2d 496
555 U.S. 135
clarifies Arizona v. Evans NERFINISHED
United States v. Leon NERFINISHED
constitutionalProvisionInterpreted Fourth Amendment to the United States Constitution NERFINISHED
court Supreme Court of the United States
decisionDate 2009-01-14
dissentingOpinionBy Justice Ruth Bader Ginsburg NERFINISHED
doctrine good-faith exception to the exclusionary rule
holding Evidence obtained as a result of isolated police negligence not sufficiently deliberate or culpable does not require suppression under the exclusionary rule.
Negligent bookkeeping error by police personnel does not trigger exclusion when not part of systemic error or reckless disregard of constitutional requirements.
The exclusionary rule applies only where its deterrent benefits outweigh its substantial social costs.
impact expanded the good-faith exception to include certain negligent police recordkeeping errors
narrowed application of the exclusionary rule
joinedByInDissent Justice David H. Souter NERFINISHED
Justice John Paul Stevens NERFINISHED
Justice Stephen G. Breyer NERFINISHED
joinedByInMajority Justice Anthony M. Kennedy NERFINISHED
Justice Antonin Scalia NERFINISHED
Justice Clarence Thomas NERFINISHED
Justice Samuel A. Alito, Jr. NERFINISHED
jurisdiction United States of America
surface form: United States
keyPrinciple Exclusion is a last resort, not a first impulse.
legalIssue Fourth Amendment search and seizure
scope of the exclusionary rule
majorityOpinionBy Chief Justice John G. Roberts, Jr. NERFINISHED
originatingState Alabama NERFINISHED
petitioner Bennie Dean Herring NERFINISHED
proceduralPosture certiorari to the United States Court of Appeals for the Eleventh Circuit
relatedCase Arizona v. Evans NERFINISHED
Hudson v. Michigan NERFINISHED
Mapp v. Ohio NERFINISHED
United States v. Leon NERFINISHED
respondent United States NERFINISHED
result Judgment of the Eleventh Circuit affirmed
standardAnnounced Exclusionary rule applies when police conduct is deliberate, reckless, grossly negligent, or involves recurring or systemic negligence.
subjectMatter criminal evidence suppression
police negligence
term October Term 2008
votingSplit 5-4 decision

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

United States v. Leon subsequentCitationBy Herring v. United States
Utah v. Strieff (dissent on Fourth Amendment rights) relatedCase Herring v. United States
subject surface form: Utah v. Strieff