United States of America v. Bennie Dean Herring

Decision of U.S. District Court for the Middle District of Alabama, Southern Division


Supreme Court To Review Decision on Faulty Arrest.

On February 19, 2008, The US Supreme Court agreed to consider Herring v. United States, a challenge to an arrest based on inaccurate information in a government database. The Court will decide whether to suppress the evidence obtained. In a 1995 opinion, Justice O'Connor wrote, "In recent years, we have witnessed the advent of powerful, computer-based recordkeeping systems that facilitate arrests in ways that have never before been possible. The police, of course, are entitled to enjoy the substantial advantages this technology confers. They may not, however, rely on it blindly. With the benefits of more efficient law enforcement mechanisms comes the burden of corresponding constitutional responsibilities." EPIC has also highlighted problems with inaccurate government databases in formal comments to federal agencies, as well as a 2003 online campaign urging the reestablishment of accuracy requirements for the FBI's National Crime Information Center, the nation's largest criminal justice database. (February 19, 2008)

This is the original District Court Decision that Petitioner has appealed to the U.S. Supreme Court, after the 11th Circuit affirmed this holding.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, 11th Circuit, Alabama | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Electronic Privacy Information Center | Attorney Advertising

Written by:


Electronic Privacy Information Center on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.