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S.D.W.Va.: NCIC report was too vague to support arrest, and the exclusionary rule had to apply because officers were reckless under Herring

By John Wesley Hall, Jr.

Defendant's arrest was without probable cause and a warrant off a vague NCIC printout, and the court concludes that the arrest has to be suppressed under Herring because the officers were not acting in objective good faith in relying on the vague report as proof of an arrest warrant. United States v. Toledo, 2009 U.S. Dist. LEXIS 39631 (S.D. W.Va. May 11, 2009): As stated, this Court must be guided by an analysis of the ability to deter Fourth Amendment violations and the culpability of law enforcement officers. This analysis is "objective, not an inquiry into the subjective awareness of arresting officers." Herring, 129 S. Ct. at 703. Here, "'a reasonably well trained officer would have known that the search was illegal' in light of 'all of the circumstances...continue to full post

Full post as published by Fourth Amendment on May 15, 2009 (boomark / email).