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IL: Use of an old warrant list obviates Herring

By John Wesley Hall, Jr.

Where the police intentionally used an old warrant list, they could not rely on Herring to avoid application of the exclusionary rule. People v. Morgan, 2009 Ill. App. LEXIS 46 (February 9, 2009): In this case, the State failed to meet its burden of proof that the good-faith exception should apply, and exclusion was the proper remedy. The first consideration in determining whether the exclusionary rule should apply--misconduct by the police--clearly applies here. See Herring II, U.S. at , 172 L. Ed. 2d at 507, 129 S. Ct. at 702 ("To trigger the exclusionary rule, police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system")...continue to full post

Full post as published by Fourth Amendment on February 21, 2009 (boomark / email).