Harvey v. State

Because I conclude that State v. Stringer1 requires this Court to hold that Harvey’s arrest pursuant to an invalid bench warrant constituted an arrest without probable cause, and because the good-faith exception to the federal exclusionary rule is not applicable in this state, I dissent to the majority’s holding that the Court of Appeals correctly affirmed the trial court’s denial of Harvey’s motion to suppress.

1. In Stringer, Stringer was arrested pursuant to a 21-month-old state-court bench warrant for two misdemeanor shoplifting charges. During custodial interrogation, Stringer implicated…