Legal Opinion

Herring v. United States

Supreme Court of the United States

Decided January 14, 2009No. 07-513PublishedCited by 1,247 opinions

1Opinion of the CourtChief Justice Roberts

The Fourth Amendment forbids “unreasonable searches and seizures,” and this usually requires the police to have probable cause or a warrant before making an arrest. What *137if an officer reasonably believes there is an outstanding arrest warrant, but that belief turns out to be wrong because of a negligent bookkeeping error by another police employee? The parties here agree that the ensuing arrest is still a violation of the Fourth Amendment, but dispute whether contraband found during a search incident to that arrest must be excluded in a later prosecution.

Our cases establish that such…

2Cases cited27 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Franks v. DelawareSupreme Court of the United States · 1978
  5. Whren v. United StatesSupreme Court of the United States · 1996

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3Cited by1,247 opinions

  1. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  2. Davis v. United StatesSupreme Court of the United States · 2011
  3. Montejo v. LouisianaSupreme Court of the United States · 2009
  4. Jefferson v. HackneySupreme Court of the United States · 1972
  5. Heien v. North CarolinaSupreme Court of the United States · 2014

1,242 more not listed; retrieve them via the Exa API.

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