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Herring v. United States, 555 U.S. 135 (2009) Bennie Dean Herring was arrested after Inspector Mark Anderson of the Coffee County, Alabama Police Department was informed that an active arrest warrant existed for Herring in Dale County, Alabama. During the
Herring v. United States, 555 U.S. 135 (2009) - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Filed: 2009-01-14 Precedential Status: Precedential Citations: 555 U.S. 135, 129 S. Ct. 695, 172 L. Ed. 2d 496, 2009 U.S. LEXIS 581 Docket: 07-513 Supreme Court Database id: 2008-009
19 lut 2008 · Facts of the case The Coffee County, Alabama Sheriff's Department apprehended Bennie Herring in July of 2004. Upon searching Herring's vehicle, officers discovered methamphetamine in Herring's pocket and a gun under the seat of his truck.
The paper contemplates how an actual precrime system would struggle to fit into the framework of inchoate crimes as they are currently defined, but might fit into a system of preventative detention that is not dramatically inconsistent with the approaches currently used in the United States.
Chief Justice Roberts contrasted the error in Herring with the police conduct in Weeks v. United States, 232 U.S. 383 (1914), in which officers broke into the defendant’s house, confiscated papers, and later returned to confiscate more papers, all without a warrant, and Mapp v. Ohio, 367 U.S.
Facts. Investigator Mark Anderson learned that Bennie Dean Herring had driven to the Coffee County Sheriff's Department to retrieve something from his impounded truck. Upon checking for outstanding warrants against Herring, a warrant clerk in Coffee County found none and then contacted her counterpart in neighboring Dale County.
Herring was indicted on federal gun and drug possession charges and moved to suppress the evidence on the ground that his initial arrest had been illegal. As-suming that there was a Fourth Amendment violation, the District Court concluded that the exclusionary rule did not apply and denied the motion to suppress.
