U.S. v. HERRING

No. 06-10795.

492 F.3d 1212 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Bennie Dean HERRING, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 17, 2007.


Attorney(s) appearing for the Case

Ronald W. Wise (Court-Appointed), Montgomery, AL, for Herring.

Verne H. Speirs, Montgomery, AL, for U.S.

Before CARNES, PRYOR and FARRIS, Circuit Judges.


CARNES, Circuit Judge:

The facts of this case present an interesting issue involving whether to apply the exclusionary rule. Officers in one jurisdiction check with employees of a law enforcement agency in another jurisdiction and are told that there is an outstanding warrant for an individual. Acting in good faith on that information the officers arrest the person and find contraband. It turns out the warrant had been recalled...

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