LA4: Defendant did not show that arrest warrant was not valid under Herring

Defendant had a driver’s license in his possession, but he was arrested for a suspended license, for which there were several possible reasons. It was never shown that there was not a valid warrant. If there was no valid warrant, Herring would apply. State v. Brock, 2012 La. App. LEXIS 248 (La. App. 2d Cir. March 7, 2012)*:

Based on the evidence presented, there was no showing that the arresting officers acted with reckless disregard of the constitutional requirements or were grossly negligent. Thus, the record supports the district court’s finding that even if the warrant was not valid at the time, the deputies acted in an objectively reasonable manner in relying on the information of an active warrant to arrest the defendant. Consequently, as held in Herring, supra, the exclusionary rule is not applicable under such circumstances. Therefore, we cannot say the district court erred in denying the motion to suppress the evidence seized in the search incident to that arrest. The assignment of error lacks merit.

Officers suspected defendant for a robbery and surveilled his house after they got a line on where he lived. They saw him coming and going and then confronted him, and he produced a key and consented to the search. Nshaka v. State, 82 So. 3d 174 (Fla. 4th DCA 2012).*