SCOTUScast 5-28-09 featuring Luke Milligan

On Wednesday, January 14, the Supreme Court announced its decision in Herring v. United States. In this case, the Supreme Court considered whether the Fourth Amendment requires the exclusion of evidence seized incident to an arrest conducted on the basis of credible, but ultimately erroneous, information negligently provided by another law enforcement agent. In a 5-4 decision delivered by Chief Justice Roberts, the Court affirmed the Eleventh Circuit ruling, holding that the exclusionary rule does not apply to evidence seized in a search whose unlawful nature was “the result of isolated negligence attenuated from the search.” University of Louisville Professor of Law Luke Milligan discusses the decision.

 

 

 

Oral Argument - October 7, 2008:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-513.pdf

 

 

 

Decision - January 14, 2009:
http://www.supremecourtus.gov/opinions/08pdf/07-513.pdf

 

 

 

 

 

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