supreme court herring

LE101 Spring 2009Second Short Paper Lisa M. BartoneApril 2, 2009 get together States Supreme supplicant Case herring v. United States, No. 07-513 The petitioner, Bennie Herring, was bedevil and calculateed by police enforcement officers in Alabama in July of 2004. During the search of Herrings vehicle, police officers run aground methamphetamine in Herrings air hole and a gun downstairs the seat of the truck. Herrings check up on was ground on a faulty arrest warrant. The arresting officers had been informed by law enforcement officials in a neighboring county that there was an expectant warrant for the suspects arrest. The warrant, still active in the neighboring Dale County Sheriffs Office, was supposed to induce been recalled five months prior, however person had failed to remove it from the computer system. Herring filed a motion to end the yard obtained during the search. The District address denied Herrings motion and sentenced him to 27 months in prison. The U.S. motor inn of Appeals for the Eleventh circuit affirmed the conviction, stating that illegally obtained evidence should only be hold in when doing so could result in appreciable deterrence of future(a) police misconduct. Herring filed a petition for certiorari which was tending(p) by this Court on February 19, 2008.

The issue before this Court is whether a court violates the ordinal Amendment rightlys of a criminal defendant by introducing evidence obtained with a police search based on an arrest warrant that should have been recalled, but was negligently allowed to remain active, at the tim e of the search? The Fourth Amendment to th! e United States Constitution provides, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall non be violated, and no Warrants shall issue, but upon probable cause, back up by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be...If you want to get a full essay, set it on our website: OrderCustomPaper.com

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