herring argued october decided january officers coffee county arrested petitioner herring based warrant listed neighboring dale county database search incident arrest yielded drugs gun revealed warrant recalled months earlier though information never entered database herring indicted federal gun drug possession charges moved suppress evidence ground initial arrest illegal assuming fourth amendment violation district concluded exclusionary rule apply denied motion suppress eleventh circuit affirmed finding arresting officers innocent wrongdoing dale county failure update records merely negligent therefore concluded benefit suppression marginal nonexistent evidence admissible rule leon held police mistakes leading unlawful search result isolated negligence attenuated search rather systemic error reckless disregard constitutional requirements exclusionary rule apply pp fact search arrest unreasonable necessarily mean exclusionary rule applies illinois gates rule individual right applies deterrent effect outweighs substantial cost letting guilty possibly dangerous defendants go free leon example apply police acted objectively reasonable reliance invalid warrant applying leon rule police reasonably relied mistaken information database arrest warrant outstanding arizona evans left unresolved issue confronted whether evidence suppressed police committed error pp extent exclusionary rule justified deterrent effect varies degree law enforcement culpability see leon supra indeed abuses gave rise rule featured intentional conduct patently unconstitutional see weeks error arising nonrecurring attenuated negligence far removed core concerns led rule adoption pp trigger exclusionary rule police conduct must sufficiently deliberate exclusion meaningfully deter sufficiently culpable deterrence worth price paid justice system pertinent analysis objective inquiry arresting officers subjective awareness see leon supra pp conduct objectively culpable require exclusion marginal benefits might follow suppressing evidence obtained circumstances justify substantial costs exclusion leon supra pp affirmed roberts delivered opinion scalia kennedy thomas alito joined ginsburg filed dissenting opinion stevens souter breyer joined breyer filed dissenting opinion souter joined bennie dean herring petitioner writ certiorari appeals eleventh circuit january chief justice roberts delivered opinion fourth amendment forbids unreasonable searches seizures usually requires police probable cause warrant making arrest officer reasonably believes outstanding arrest warrant belief turns wrong negligent bookkeeping error another police employee parties agree ensuing arrest still violation fourth amendment dispute whether contraband found search incident arrest must excluded later prosecution cases establish suppression automatic consequence fourth amendment violation instead question turns culpability police potential exclusion deter wrongful police conduct error result isolated negligence attenuated arrest hold circumstances jury barred considering evidence july investigator mark anderson learned bennie dean herring driven coffee county sheriff department retrieve something impounded truck herring stranger law enforcement anderson asked county warrant clerk sandy pope check outstanding warrants herring arrest found none anderson asked pope check sharon morgan counterpart neighboring dale county checking dale county computer database morgan replied active arrest warrant herring failure appear felony charge pope relayed information anderson asked morgan fax copy warrant confirmation anderson deputy followed herring left impound lot pulled arrested search incident arrest revealed methamphetamine herring pocket pistol felon possess vehicle app however mistake warrant dale county sheriff computer records supposed correspond actual arrest warrants office also maintains morgan went files retrieve actual warrant fax pope morgan unable find called clerk learned warrant recalled five months earlier normally warrant recalled clerk office judge chambers calls morgan enters information sheriff computer database disposes physical copy whatever reason information recall warrant herring appear database morgan immediately called pope alert mixup pope contacted anderson secure radio unfolded minutes herring already arrested found gun drugs hundred yards sheriff office herring indicted district middle district alabama illegally possessing gun drugs violations moved suppress evidence ground initial arrest illegal warrant rescinded magistrate judge recommended denying motion arresting officers acted belief warrant still outstanding thus even fourth amendment violation reason believe application exclusionary rule deter occurrence future mistakes app district adopted magistrate judge recommendation supp appeals eleventh circuit affirmed eleventh circuit found arresting officers coffee county entirely innocent wrongdoing carelessness assumed whoever failed update dale county sheriff records also law enforcement official noted conduct question wa negligent failure act deliberate tactical choice act ibid error merely negligent attenuated arrest eleventh circuit concluded benefit suppressing evidence marginal nonexistent ibid internal quotation marks omitted evidence therefore admissible rule leon courts required exclusion evidence obtained similar police errors hoay state ark granted herring petition certiorari resolve conflict affirm eleventh circuit judgment ii determination based reasonable mistaken assumptions person subjected search seizure necessarily victim constitutional violation phrase probable cause confirms fourth amendment demand possible precision whether error traced mistake state actor source may bear analysis purposes deciding case however accept parties assumption fourth amendment violation issue whether exclusionary rule applied fourth amendment protects right people secure persons houses papers effects unreasonable searches seizures contains provision expressly precluding use evidence obtained violation commands arizona evans nonetheless decisions establish exclusionary rule applicable forbids use improperly obtained evidence trial see weeks stated judicially created rule designed safeguard fourth amendment rights generally deterrent effect calandra analyzing applicability rule leon admonished must consider actions police officers involved necessary consider objective reasonableness officers eventually executed warrant also officers originally obtained provided information material determination coffee county officers nothing improper indeed error noticed quickly coffee county requested faxed confirmation warrant eleventh circuit concluded however somebody dale county updated computer database reflect recall arrest warrant also concluded error negligent find reckless deliberate fact crucial holding error enough require extreme sanction exclusion leon supra fact fourth amendment violation occurred search arrest unreasonable necessarily mean exclusionary rule applies illinois gates indeed exclusion always last resort first impulse hudson michigan precedents establish important principles constrain application exclusionary rule first exclusionary rule individual right applies appreciable deterrence leon supra quoting janis repeatedly rejected argument exclusion necessary consequence fourth amendment violation leon supra evans supra pennsylvania bd probation parole scott instead focused efficacy rule deterring fourth amendment violations future see calandra supra stone powell addition benefits deterrence must outweigh costs leon supra never suggested exclusionary rule must apply every circumstance might provide marginal deterrence scott supra extent application exclusionary rule provide incremental deterrent possible benefit must weighed substantial social costs illinois krull internal quotation marks omitted principal cost applying rule course letting guilty possibly dangerous defendants go free something offends basic concepts criminal justice system leon supra rule costly toll upon law enforcement objectives presents high obstacle urging application scott supra internal quotation marks omitted see also havens payner principles reflected holding leon police act warrant invalid lack probable cause exclusionary rule apply police acted objectively reasonable reliance subsequently invalidated search warrant perhaps confusingly called objectively reasonable reliance good faith companion case massachusetts sheppard held exclusionary rule apply warrant invalid judge forgot make clerical corrections shortly thereafter extended holdings warrantless administrative searches performed reliance statute later declared unconstitutional krull supra finally evans applied rule police reasonably relied mistaken information database arrest warrant outstanding held mistake made judicial employee give rise exclusion three reasons exclusionary rule crafted curb police rather judicial misconduct employees unlikely try subvert fourth amendment important basis believing application exclusionary rule circumstances significant effect deterring errors evans left unresolved whether evidence suppressed police personnel responsible error issue argued state case one confront extent exclusionary rule justified deterrence principles varies culpability law enforcement conduct said leon assessment flagrancy police misconduct constitutes important step calculus applying exclusionary rule similarly krull elaborated evidence suppressed said law enforcement officer knowledge may properly charged knowledge search unconstitutional fourth amendment quoting peltier anticipating exception exclusionary rule judge friendly wrote beneficent aim exclusionary rule deter police misconduct sufficiently accomplished practice outlawing evidence obtained flagrant deliberate violation rights bill rights code criminal procedure rev footnotes omitted see also brown illinois powell concurring part deterrent value exclusionary rule likely effective official conduct flagrantly abusive fourth amendment rights indeed abuses gave rise exclusionary rule featured intentional conduct patently unconstitutional weeks foundational exclusionary rule case officers broken defendant home using key shown neighbor confiscated incriminating papers returned marshal confiscate even search warrant held required gotten one tried lacking sworn particularized information even order justified procedure silverthorne lumber petitioner repeatedly relies similar federal officials without shadow authority went defendants office made clean sweep every paper find even government seemed acknowledge seizure outrage equally flagrant conduct issue mapp ohio overruled wolf colorado extended exclusionary rule officers forced open door mapp house kept lawyer entering brandished concluded false warrant forced handcuffs canvassed house obscenity see friendly supra situation mapp featured flagrant deliberate violation rights error arises nonrecurring attenuated negligence thus far removed core concerns led us adopt rule first place fact since leon never applied rule exclude evidence obtained violation fourth amendment police conduct intentional culpable trigger exclusionary rule police conduct must sufficiently deliberate exclusion meaningfully deter sufficiently culpable deterrence worth price paid justice system laid cases exclusionary rule serves deter deliberate reckless grossly negligent conduct circumstances recurring systemic negligence error case rise decision franks delaware provides analogy cf leon supra franks held police negligence obtaining warrant even rise level fourth amendment violation let alone meet stringent test triggering exclusionary rule held constitution allowed defendants circumstances challenge truthfulness factual statements made affidavit supporting warrant even warrant issued false statements necessary magistrate judge determination warrant voided ibid find false statements relevant must allegations deliberate falsehood reckless disregard truth llegations negligence innocent mistake insufficient case franks concern false information provided police franks negligent police miscommunications course acquiring warrant provide basis rescind warrant render search arrest invalid miscommunications occurred different context warrant issued recalled fact require excluding evidence obtained pertinent analysis deterrence culpability objective inquiry subjective awareness arresting officers reply brief petitioner see also post ginsburg dissenting already held inquiry confined objectively ascertainable question whether reasonably well trained officer known search illegal light circumstances leon circumstances frequently include particular officer knowledge experience make test subjective one probable cause looks officer knowledge experience ornelas subjective intent whren suggest recordkeeping errors police immune exclusionary rule case however conduct issue objectively culpable require exclusion leon held marginal nonexistent benefits produced suppressing evidence obtained objectively reasonable reliance subsequently invalidated search warrant justify substantial costs exclusion true evidence obtained objectively reasonable reliance subsequently recalled warrant police shown reckless maintaining warrant system knowingly made false entries lay groundwork future false arrests exclusion certainly justified cases misconduct cause fourth amendment violation said much leon explaining officer obtain warrant basis bones affidavit rely colleagues ignorant circumstances warrant obtained conduct search citing whiteley warden wyo state penitentiary petitioner fears decision cause police departments deliberately keep officers ignorant brief petitioner thus unfounded dissent also adverts possible unreliability number databases relevant case post case systemic errors demonstrated might reckless officers rely unreliable warrant system see evans concurring surely reasonable police rely recordkeeping system routinely leads false arrests second emphasis added hudson kennedy concurring widespread pattern violations shown reason grave concern emphasis added evidence errors dale county system routine widespread officer anderson testified never reason question information dale county warrant app sandy pope sharon morgan testified remember similar miscommunication ever happening watch even less error database issue evans also found reliance database objectively reasonable similar error every three four years showings made see supp eleventh circuit correct affirm denial motion suppress petitioner claim police negligence automatically triggers suppression squared principles underlying exclusionary rule explained cases light repeated holdings deterrent effect suppression must substantial outweigh harm justice system leon conclude police mistakes result negligence described rather systemic error reckless disregard constitutional requirements marginal deterrence pay way internal quotation marks omitted case criminal go free constable blundered people defore opinion cardozo judgment appeals eleventh circuit affirmed ordered bennie dean herring petitioner writ certiorari appeals eleventh circuit january justice ginsburg justice stevens justice souter justice breyer join dissenting petitioner bennie dean herring arrested subjected search incident arrest although warrant outstanding police lacked probable cause believe engaged criminal activity arrest ensuing search therefore violated herring fourth amendment right secure unreasonable searches seizures appeals determined government contend otherwise exclusionary rule provides redress fourth amendment violations placing government position unconstitutional arrest search rule thus strongly encourages police compliance fourth amendment future however holds rule inapplicable careless recordkeeping police flagrant deliberate misconduct accounts herring arrest constrict domain exclusionary rule hold rule dispositive case courts power discourage police error kind issue must application exclusionary rule arizona evans stevens dissenting unlawful search case contested police found methamphetamine herring pocket pistol truck serious impact holding innocent persons wrongfully arrested based erroneous information carelessly maintained computer data base warrant herring arrest recalled february apparently issued error see brief petitioner citing app warrant database dale county sheriff department however automatically update reflect changes app member dale county sheriff department parties identified returned hard copy warrant county circuit clerk office correct department database show warrant recalled erroneous entry warrant remained database undetected five months july afternoon herring came coffee county sheriff department retrieve belongings vehicle impounded department lot investigator mark anderson department day knew herring prior interactions herring told district attorney among others suspicion anderson involved killing local teenager anderson pursued herring get drop accusations informed herring impoundment lot anderson asked coffee county warrant clerk whether outstanding warrant herring arrest clerk sandy pope found warrant anderson asked pope call neighboring dale county sheriff department inquire whether warrant arrest herring outstanding upon receiving pope phone call sharon morgan warrant clerk dale county department checked computer database recounted department database preserved error morgan check therefore showed incorrectly active warrant herring arrest morgan gave misinformation pope relayed investigator anderson armed report warrant existed anderson promptly arrested herring performed incident search minutes detection error appeals concluded government contest failure bring dale county sheriff department records date least negligent quoting michigan tucker uncontested herring arrest violated fourth amendment rights sole question presented therefore whether evidence police obtained unlawful search holds suppression unwarranted exclusionary rule core concerns raised isolated negligent recordkeeping error attenuated arrest ante view opinion underestimates need forceful exclusionary rule gravity recordkeeping errors law enforcement ii exclusionary rule defendant right ante rather simply remedy applicable suppression result appreciable deterrence outweighs cost justice system ante see also ante exclusionary rule serves deter deliberate reckless grossly negligent conduct circumstances recurring systemic discussion invokes view exclusionary rule famously held renowned jurists henry friendly benjamin nathan cardozo years ago cardozo seated new york appeals commented critically federal exclusionary rule yet applied suggested least cases rule exacted high price criminal justice system see people defore words often quoted cardozo questioned whether criminal go free constable blundered judge friendly later elaborated cardozo query sole reason exclusion friendly wrote experience demonstrated effective method deterring police violating constitution bill rights code criminal procedure rev thought excessive light rule aim deter police conduct require exclusion constable merely blundered police officer committed technical error judgment made slight unintentional miscalculation recounts judge friendly suggested deterrence police improprieties sufficiently accomplished confining rule evidence obtained flagrant deliberate violation rights ibid ante others described majestic conception fourth amendment adjunct exclusionary rule evans stevens dissenting protective fundamental right people secure persons houses papers effects amendment constraint power sovereign merely agents ibid internal quotation marks omitted see stewart road mapp ohio beyond origins development future exclusionary rule cases colum rev share vision amendment exclusionary rule remedy necessary ensure fourth amendment prohibitions observed fact see kamisar exclusionary rule rest principled basis rather empirical proposition creighton rev rule service essential auxiliary amendment earlier inclined hold two inseparable see whiteley warden wyo state penitentiary cf olmstead holmes dissenting brandeis dissenting beyond doubt main objective rule deter compel respect constitutional guaranty effectively available way removing incentive disregard elkins rule also serves important purposes enabl es judiciary avoid taint partnership official lawlessness assur es people potential victims unlawful government conduct government profit lawless behavior thus minimizing risk seriously undermining popular trust government calandra brennan dissenting see also terry ohio rule admitting evidence criminal trial recognize necessary effect legitimizing conduct produced evidence application exclusionary rule withholds constitutional imprimatur kamisar supra principal reason exclusionary rule aid denied order maintain respect law preserve judicial process quoting olmstead brandeis dissenting exclusionary rule bears emphasis often remedy effective redress fourth amendment violation see mapp ohio noting obvious futility relegating fourth amendment protection remedies amsterdam perspectives fourth amendment rev describing exclusionary rule primary instrument enforcing ourth mendment civil liability lie vast majority ourth mendment violations frequent infringements motivated commendable zeal condemnable malice stewart colum criminal prosecutions administrative sanctions offending officers injunctive relief widespread violations even farther cry see iii maintains herring case one exclusionary rule scant deterrent effect therefore pay way ante internal quotation marks omitted disagree exclusionary rule suggests capable marginal deterrence misconduct issue merely careless intentional reckless see ante suggestion runs counter foundational premise tort law liability negligence lack due care creates incentive act greater care government acknowledges see brief cf reply brief mistake involved failure make computer entry hardly means application exclusionary rule minimal value risk respondeat superior liability encourages employers supervise employees conduct carefully risk exclusion evidence encourages policymakers systems managers monitor performance systems install personnel employed operate systems evans ginsburg dissenting consider potential impact decision applying exclusionary rule case earlier observed see supra record indicates electronic connection warrant database dale county sheriff department county circuit clerk office located basement building app warrant recalled one many different people access th warrants must find hard copy warrant two three different places department houses warrants return clerk office manually update department database see record reflects routine practice checking database accuracy failure remove entry herring warrant discovered investigator anderson sought pursue herring five months later altogether obvious department take precautions ensure integrity database sheriff department position remedy situation might well exclusionary rule remove incentive otherwise lafave search seizure ed see also evans stevens dissenting potential deterrence worth costs imposes see ante light paramount importance accurate recordkeeping law enforcement answer yes next explain see herring motion presents particularly strong case suppression electronic databases form nervous system contemporary criminal justice operations recent years breadth influence dramatically expanded police today access databases include updated national crime information center ncic also terrorist watchlists federal government employee eligibility system various commercial databases brief electronic privacy information center epic et al amicus curiae moreover actively expanding information sharing jurisdictions result law enforcement increasing supply information within easy electronic reach see brief petitioner risk error stemming databases slim herring amici warn law enforcement databases insufficiently monitored often date brief amicus epic government reports describe example flaws ncic terrorist watchlist databases associated federal government employment eligibility verification inaccuracies expansive interconnected collections electronic information raise grave concerns individual liberty offense dignity citizen arrested handcuffed searched public street simply bureaucrat failed maintain accurate computer data base evocative use general warrants outraged authors bill rights evans stevens dissenting assures exclusion certainly justified police shown reckless maintaining warrant system knowingly made false entries lay groundwork future false arrests ante concession provides little comfort first restricting suppression bookkeeping errors deliberate reckless majority leaves herring others like remedy violations constitutional rights see supra serious assertion relief available arresting officer sheltered qualified immunity see harlow fitzgerald police department liable negligent acts employees see monell new york city dept social moreover identifying department employee committed error may impossible second doubt police forces already possess sufficient incentives maintain records government argues police desire send officers arrests unnecessarily arrests consume resources place officers danger facts case fit description police motivation officer wanted arrest herring consulted department records legitimate predisposition see app third even deliberate reckless conduct afoot assurance often empty promise impecunious defendant make required showing answer defendant entitled discovery necessary audit police databases see tr oral arg imposed considerable administrative burden courts law iv negligent recordkeeping errors law enforcement threaten individual liberty susceptible deterrence exclusionary rule remedied effectively means errors present occasion erode exclusionary rule rule needed make fourth amendment something real guarantee carry exclusion evidence obtained violation chimera calandra brennan dissenting keeping rule core concerns ante suppression attended unconstitutional search case reasons stated reverse judgment eleventh circuit bennie dean herring petitioner writ certiorari appeals eleventh circuit january justice breyer justice souter joins dissenting agree justice ginsburg join dissent write separately note one additional supporting factor believe important arizona evans held recordkeeping errors made clerk trigger exclusionary rule long police reasonably relied upon clerk recordkeeping concurring rationale decision premised distinction judicial errors police errors gave several reasons recognizing distinction first noted exclusionary rule historically designed means deterring police misconduct mistakes employees emphasis added second found evidence employees inclined ignore subvert fourth amendment lawlessness among actors requires application extreme sanction exclusion third recognized basis believing application exclusionary rule significant effect employees responsible informing police warrant quashed clerks adjuncts law enforcement team engaged often competitive enterprise ferreting crime stake outcome particular criminal prosecutions citation omitted taken together reasons explain police recordkeeping errors treated differently judicial ones cases applying good faith exception exclusionary rule similarly recognized distinction police errors errors made others judicial officers legislatures see leon police reasonably relied magistrate issuance warrant massachusetts sheppard illinois krull police reasonably relied statute constitutionality distinguishing police recordkeeping errors judicial ones consistent precedent also far easier courts administer chief justice multifactored inquiry degree police culpability therefore apply exclusionary rule police personnel responsible recordkeeping error results fourth amendment violation need clear line recognition line precedent reasons support outcome justice ginsburg dissent reach footnotes earlier point opinion eleventh circuit described error least negligent quoting michigan tucker next paragraph clarified error negligent failure act deliberate tactical choice act question presented treats error negligen one see pet cert brief opposition parties briefed case basis justice ginsburg dissent champions describes majestic conception exclusionary rule post quoting arizona evans stevens dissenting exclude evidence even deterrence justify majestic cases reject conception see leon perhaps reason dissent relies almost exclusively previous dissents support analysis thus reject justice breyer suggestion evans entirely premised distinction judicial errors police errors post dissenting opinion rationale decision reason us expressly carefully leave police error unresolved addition extent evans viewed presaging particular result noteworthy dissent view case distinction justice breyer regards determinative instead artificial ginsburg dissenting quarrel justice ginsburg claim liability negligence creates incentive act greater care post suggest exclusion evidence deterrent effect cases require deterrence weighed social costs exacted exclusionary rule illinois krull quoting leon exclusion worth cost justice ginsburg notes earlier suppression hearing morgan testified apparently confusion miscommunications everal times post quoting app pet cert later realized misspoken morgan emphatically corrected record app noting district found morgan times statement confusing essentially unhelpful concluded credible evidence routine problems disposing recalled warrants supp factual determination supported record credited appeals see course entitled deference footnotes recordkeeping error occurred dale county rather coffee county inconsequential suppression analysis notes must consider actions police officers involved ante see also leon altogether clear isolated error case dale county sheriff department warrant clerk first asked ow many times dale county problems problems communicating warrants responded several times app pet cert internal quotation marks omitted see dept justice bureau justice statistics brien improving access integrity criminal history records ncj july available http internet materials visited included clerk case see dept justice office inspector general audit department justice terrorist watchlist nomination processes audit mar http see social security office inspector general congressional response report accuracy social security administration numident file http asserted police departments become sufficiently professional need external deterrence avoid fourth amendment violations see tr oral arg cf hudson michigan professionalism sign exclusionary rule efficacy superfluity clear squares focus deliberate conduct recognition application exclusionary rule require inquiry mental state police see ante whren