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Herring Vs. United States

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  • US Supreme Court
  • Jan 14, 2009

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70 entries 12 linked 58 unlinked
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  1. United States Vs. Calandra US Supreme Court · Jan 08, 1974
  2. Stone Vs. Powell US Supreme Court · Jul 06, 1976
  3. illinois Vs. Krull US Supreme Court · Mar 09, 1987
  4. United States Vs. Payner US Supreme Court · Jun 23, 1980
  5. United States Vs. Janis US Supreme Court · Jul 06, 1976
  6. United States Vs. Havens US Supreme Court · May 27, 1980
  7. United States Vs. Peltier US Supreme Court · Jun 25, 1975
  8. Wolf Vs. Colorado US Supreme Court · Jun 27, 1949
  9. Franks Vs. Delaware US Supreme Court · Jun 26, 1978
  10. Whiteley Vs. Warden US Supreme Court · Mar 29, 1971
  11. United States Vs. Leon US Supreme Court · Jul 05, 1984
  12. Herring v. United
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  13. States - 07-513 (2009) Syllabus October Term, 2008 Herring V. United
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  14. would be marginal or nonexistent and that the evidence was admissible under the good-faith rule of United States v. Leon
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  15. fact that a search or arrest was unreasonable does not necessarily mean that the exclusionary rule applies. Illinois v. Gates
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  16. s database that an arrest warrant was outstanding, Arizona v. Evans
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  17. that gave rise to the rule featured intentional conduct that was patently unconstitutional. See, e.g. , Weeks v. United
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  18. Souter, and Breyer, JJ., joined. Breyer, J., filed a dissenting opinion, in which Souter, J., joined. Herring v. United
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  19. States - 07-513 (2009) Opinion of the Court Herring V. United
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  20. Supreme Court of the United States No. 07-513 Bennie Dean Herring, Petitioner V. United
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  21. quotation marks omitted), and the evidence was therefore admissible under the good-faith rule of United States v. Leon
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  22. Other courts have required exclusion of evidence obtained through similar police errors, e.g ., Hoay v. State
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  23. Arizona v. Evans
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  24. rule that, when applicable, forbids the use of improperly obtained evidence at trial. See, e.g. , Weeks v. United
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  25. does not necessarily mean that the exclusionary rule applies. Illinois v. Gates
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  26. Hudson v. Michigan
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  27. Leon , supra, at 909 (quoting United States v. Janis
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  28. see also United States v. Havens
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  29. Ibid. , n. 23. In a companion case, Massachusetts v. Sheppard
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  30. quoting United States v. Peltier
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  31. see also Brown v. Illinois
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  32. Silverthorne Lumber Co. v. United
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  33. Id., at 391. Equally flagrant conduct was at issue in Mapp v. Ohio
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  34. U. S. 643 (1961), which overruled Wolf v. Colorado
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  35. Our decision in Franks v. Delaware
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  36. s knowledge and experience, Ornelas v. United
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  37. but not his subjective intent, Whren v. United
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  38. Id. , at 923, n. 24 (citing Whiteley v. Warden
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  39. People v. Defore
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  40. F. 3d 1212, 1217 (2007) (quoting Michigan v. Tucker
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  41. post , at 5 (quoting Arizona v. Evans
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  42. does not justify doing so. Majestic or not, our cases reject this conception, see, e.g ., United States v. Leon
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  43. record and credited by the Court of Appeals, see 492 F. 3d, at 1219, is of course entitled to deference. Herring v. United
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  44. States - 07-513 (2009) Ginsburg, J., Dissenting Herring V. United
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  45. F. 3d 1212, 1217 (CA11 2007) (quoting Michigan v. Tucker
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  46. suggested that in at least some cases the rule exacted too high a price from the criminal justice system. See People v. Defore
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  47. see Stewart, The Road to Mapp v. Ohio
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  48. as an essential auxiliary to the Amendment earlier inclined the Court to hold the two inseparable. See Whiteley v. Warden
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  49. Cf. Olmstead v. United
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