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Gov't Database Errors Leading To Unconstitutional Searches?

Wired is running a story about a case the Supreme Court will be hearing on Tuesday that relates to searches based on erroneous information in government databases. In the case of Herring vs. US 07-513, the defendant was followed and pulled over based on a records indicating he had a warrant out for his arrest. Upon further review, the local county clerk found the records were in error, and the warrant notification should have been removed months prior. Unfortunately for Herring, he had already been arrested and his car searched. Police found a small amount of drugs and a firearm, for which Herring was subsequently prosecuted. Several friend-of-the-court briefs have been filed to argue this case, some calling for "an accuracy obligation on law enforcement agents [PDF] who rely on criminal justice information systems," and others defending such searches as good-faith exceptions [PDF].

2 of 272 comments (clear)

  1. Re:Because there aren't any examples that are "goo by MrNaz · · Score: 0, Redundant

    So it has to be something where something illegal was found in the search.

    What, you mean like drugs or an illegal firearm?

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  2. Re:Herring was arrested... by LWATCDR · · Score: 1, Redundant

    "In Alabama, guns in cars is "normal", along with fishing rods. "
    Not if your a convicted felon. Most convicted felons are banned from ever owning a gun.
    Frankly a convicted felon with meth and a gun is probably a pretty bad guy.
    Should he be let off? Well that is for the supreme court to decided.

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