NE follows Herring on no exclusion for slow updating of warrant database

Defendant was arrested based on an outdated warrant. State law prior to Herring likely would have provided relief, but the court is now bound by Herring and concludes that the exclusionary rule would not be applied. Yes, there was delay in updating the records, but it wasn’t negligent delay. “Thus, we find that because there was no evidence that the delay in updating Rolenc’s DMV record was the result of deliberate, reckless, or grossly negligent conduct or was the result of recurring or systemic negligence and because the marginal benefits that might be gained from suppressing the evidence obtained do not justify the substantial costs of exclusion, we affirm the order of the district court denying Rolenc’s motion to suppress.” State v. Rolenc, 24 Neb. App. 282, 2016 Neb. App. LEXIS 164 (Aug. 23, 2016).

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