FL2: Herring permits one police mistake for good faith, but not two

The officer gave a wrong name to police communications, and then communications gave a wrong answer back. Two mistakes was too much for Herring, and the exclusionary rule is applied. One mistake may be attenuation; two is not. State v. J.R.D., 2019 Fla. App. LEXIS 18924 (Fla. 2d DCA Dec. 20, 2019).

The government carried its burden of showing consent was voluntarily given on the totality. The credibility determinations of the magistrate are affirmed. United States v. Michaels, 2019 U.S. Dist. LEXIS 218832 (N.D. W.Va. Dec. 20, 2019).*

This entry was posted in Consent, Exclusionary rule. Bookmark the permalink.

Comments are closed.