Due Process #7

Good Faith Exception

Herring v. US facts?

• Investigator asks for outstanding warrants for Herring in neighboring county and says yes, he did have an active warrant for failure to appear on a felony charge

• Police then pull Herring over, and seize drugs found in his pocket and a pistol in his vehicle, which having on a felony charge he could not possess

• Turns out the warrant was recalled; human error of not inputting it in the database

Herring v. US issue?

If the officer reasonably believes that there is an outstanding arrest warrant, however that belief is wrong because of a negligent book error, is the search and obtaining of the evidence a violation of the 4th amendment and call for the exclusionary rule?

Herring v. US holding?

In favor of US

Herring v. US reasoning?

• Agree that 4th was violated, however, ER does not apply

• No culpability in this case, behavior did not rise to the extent of other cases; evidence can be used

• Behavior of the police was in good faith as they believed the warrant was not recalled

Commonwealth v. Maingrette facts?

• info of an outstanding warrant, police go to house, surveillance, and observe a car park and enter apartment

• Police call backup, and now there are multiple policemen, then Maingrette leaves apartment and he gets arrested 

Commonwealth v. Maingrette issue?

Boston police had a policy - immediately prior to arresting someone for an outstanding warrant, have to see if warrant is still outstanding

Commonwealth v. Maingrette holding?

In favor of Maingrette

Commonwealth v. Maingrette reasoning?

Deterring bad police behavior; and doing surveillance for hours with conjunction of their own policy is a violation

Exceptions to the ER

• DOT

• Good Faith (GF)