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IL: Outdated warrant list could not be relied on; Herring not applied

By John Wesley Hall, Jr.

Officer's reliance on his memory about a warrant list he saw earlier in the week where the warrant turned out to be recalled after that arrested the defendant without probable cause, and the exclusionary rule would be applied. Herring's good faith exception was not applied. People v. Arnold, 2009 Ill. App. LEXIS 869 (August 26, 2009): In proceeding to the second part of the analysis--whether the facts of the fourth amendment violation at issue support suppression--we conclude that they do. Here, as in Morgan, Officer Dykema's decision to proceed with handcuffing the defendant, despite the lack of confirmation that there was an active arrest warrant for the defendant, went beyond mere negligence and constituted reckless disregard. Such a decision is the type that can be deterred by suppression of evidence...continue to full post

Full post as published by Fourth Amendment on September 14, 2009 (boomark / email).