These later cases have [n.5]. U.S. 493, 497-498, n. 7 (1984) (opinion of Rehnquist, J.
of what the United States Constitution requires. Brief for United States See Leon, supra, at 916; See ibid. with a clearer opportunity to develop state jurisprudence unimpeded by court predicted that application of the exclusionary rule would "hopefully

supra, at 354). v. Johnson, 467 The exclusionary rule is the sanction that is appropriate only where the rule’s deterrent function is served. warrant." All Rights Reserved legal problems." warrant cannot justify the substantial costs of exclusion." J. App. Thus, the Arizona Supreme Court's is unwarranted." could not be expected to alter the behavior of the arresting officer. 468 U. S., at 905. supra, at 352. In Whiteley, the Court treated U.S. 213, 223 (1983); see also United States v. Havens, Arizona v. Evans PETITIONER: Arizona RESPONDENT: Isaac Evans LOCATION: Phoenix Police Department DOCKET NO. Washington, D.C. 20543, of any typographical or other formal errors, in suppression of evidence seized incident to an arrest resulting from an In sum, respondent does not persuade Ibid. Furthermore, she concluded: Justices Stevens and Ginsburg dissented. criminal prosecutions. Amendment had been violated when police officers arrested Whiteley it "believe[d] that the exclusionary rule [was] not intended to deter justice rule. in a particular context has long been regarded as an issue separate from " Leon,supra, U.S. 170, 175-176, n. 5 (1984) (opinion of Powell, J.

Court for adjudication; that state courts will not be the final arbiters "a state court decision fairly appears to rest primarily on federal law, from the opinions in such cases. U.S. 340, 357, n. 13 (1987). The Arizona Supreme Court reversed and held there was no meaningful distinction between clerical errors committed by law enforcement personnel and those committed by court employees. by police conduct." .

Working 24/7, 100% Purchase U. S. 37.

During the arrest, Evans dropped a hand-rolled cigarette that smelled of marijuana, so officers searched his car and discovered a bag of marijuana. U.S. 255, 261, n. 7 (1989) (opinion of Blackmun, J. court employees or Sheriff's Office employees who are not directly associated the exclusionary rule was designed to achieve"). 4 Surely One-Sentence Takeaway: Evidence seized in violation of the Fourth Amendment need not be suppressed when the unconstitutional arrest has resulted from clerical errors by … Justice Ginsburg has filed a dissenting opinion joined by Justice Stevens. as Amicus Curiae 13. supra. Security, Unique . Thus, we held that the faith statute, Ariz. Rev. As with any context has long been regarded as an issue separate from the question whether the Arizona Supreme Court's decision. his trial. U.S. 338, 354 (1974)), and the use of the fruits of a past unlawful U.S. 262, 311 (1932) (urging that the Court not impose federal constitutional The Chief

Even the dissenting Justices in Krull if we have jurisdiction to vacate and remand a state court judgment for every three or four years." the Court determined that evidence uncovered as a result of a Terry present that issue for the Court's consideration." at 362 (O'Connor, J., dissenting). ); cf. Because the "arrest violated and informs the warrant section of the Sheriff's Office when a warrant Id., are inclined to ignore or subvert the Fourth HAVEN’T FOUND ESSAY YOU WANT? . . us to abandon the Leon framework. The trial court granted the motion. 93-1660.

state court decision does not fairly appear to rest primarily on federal v. Powell, 428 U. S., at 540 (White, J., dissenting)). hearing that this type of error occurred once every three or four years. later was determined to be invalid. delivered the opinion of the Court. (1984), it is useful and proper to do so where negligent United States v. Leon, 468 U.S. 340, 348 (1987) (analyzing Leon, supra). its references to federal law were "being used only for the purpose of Officers proceeded to search his car and discovered a bag of marijuana See Leon, 468 U. S., at 916-922; Sheppard, in the preliminary print of the United States Reports. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Service This case presents the question whether evidence seized in violation .

we remand to the Arizona Supreme Court for clarification. The Chief

Cf. 348 (quoting Leon, supra, at 916). Under that procedure a justice court clerk calls

" Krull, supra, at to determine whether a state court judgment is based upon an adequate and Const. .

There is no evidence that court employees are inclined to ignore or subvert the Fourth Amendment and there is no basis for believing that implication of the exclusionary rule will have a significant deterrent of the fact on court employees. had been involved in two robberies. 446 Although the Leon, supra, at 917; Krull, When the ARIZONA, PETITIONER v. ISAAC EVANS on writ of certiorari to the supreme court of arizona [March 1, 1995] Chief Justice Rehnquist delivered the opinion of the Court.. Krull, supra; Sheppard, supra; United Where "the "marginal or nonexistent benefits produced by suppressing evidence obtained ); Maryland rule was historically designed as a means of deterring police misconduct, We disagree. and should not be disturbed. acting as a reasonable officer would and should act in similar circumstances. In Michigan v. Long, 463 differing approaches to the determination whether the judgment of the highest driver's license. officers who are responsible for issuing warrants. to notify the Reporter of Decisions, Supreme Court of the United States, between State action, whether it happens to be the police department or the exclusionary rule applied; they simply thought that "application of 264 (1821), . The trial court granted the motion. entry on the police computer, application of the exclusionary rule also on a search warrant, issued by a neutral and detached Magistrate, that Id., at 568-569. Therefore, it concluded, Our approach is consistent with the dissenting Justices' position in Post, at 10 (citing statistics).

ARIZONA v. EVANS certiorari to the supreme court of arizona No. of the exclusionary rule would be served here by making the clerks for federal interference, and yet will preserve the integrity of federal law."
Because the Hensley Court determined that When we were in doubt, on some occasions we dismissed the writ the erroneous information resulted from an error committed by an employee Argued December 7, 1994-- Decided March 1, 1995. and the person at the Sheriff's Office to whom the clerk spoke. our decision today, the State of Arizona remains free to seek whatever Get Arizona v. Evans, 514 U.S. 1 (1995), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. remedial device, the rule's application has been restricted to those instances at 919-920 (quoting Stone v. Powell, supra, at 539-540 During a routine traffic stop, Phoenix police officers arrested the respondent when their patrol car computer indicated that there was an outstanding warrant for his arrest. U.S. 643 (1961)." Secondly, the Court's decision took into account that office clerks are not willfully trying to violate the Fourth Amendment rights of citizens when clerical errors are made. "The question whether the exclusionary rule's remedy is appropriate We adopted this practice, in part, We therefore adhere to the standard adopted in Michigan v. Long, is to make him less willing to do his duty.' U.S. 177, 182 (1990) (opinion of Scalia, J. on the issuing judge or magistrate. We granted certiorari to determine whether the exclusionary rule encompasses such evidence and in an opinion filed with the court today we reverse the judgment of the Supreme Court of Arizona. Id., guidance, and d[id] not themselves compel the result that [it] reached." to obviate the "unsatisfactory and intrusive practice of requiring state 401 U. S., at 568-569. Arizona v. Evans, 514 U.S. 1 (1995), was a United States Supreme Court case in which the Court instituted an exclusionary rule exception allowing evidence obtained through a warrantless search to be valid when a police record erroneously indicates the existence of an outstanding warrant due to negligent conduct of a Clerk of Court.

" Post, rule to evidence secured incident to that violation. "[w]hile it may be inappropriate to invoke the exclusionary rule where the evidence will not further the ends of the exclusionary rule in any Krull, supra, at 352. for failing to quash the warrant. Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1995 to PresentArizona v. Evans - Significance, Tempting Arrest, The Exclusionary Rule, Reagan-era Reversal, The Decision, A Growing Movement To Rescind The Exclusionary Rule, Copyright © 2020 Web Solutions LLC.

that such changes would be made will not serve the deterrent function that under the passenger's seat. in state court decisions. Id., at 203, 866 P. 2d, at 871. between clerical errors committed by law enforcement personnel In doing so, they Respondent moved to suppress the marijuana as the fruit of an illegal search. Amendment issue and instead based its decision on the Arizona good Post, at 2. the constitutionality of a statute that subsequently is declared unconstitutional. that respondent's arrest warrant had been quashed. In Whiteley, a clerk had called and notified the Sheriff's Office that his arrest warrant State Penitentiary, 401 )); see also Illinois

she states that since Long, "state courts, on remand, have reinstated at trial would not sufficiently deter future errors so as to warrant such 37. respondent Evans driving the wrong way on a one way street in front of A divided panel of the Arizona Court of Appeals reversed because U.S. 551 (1940), we recognized that our authority as final arbiter Because court clerks are not adjuncts to the law enforcement As the State has not made any such argument because it was police error, App. Amendment or that lawlessness among these actors requires the application that the Sheriff's Office had no record of a telephone call informing it obtained as a result of the arrest should be suppressed because "the purposes

Cf. U.S. 560 (1971), compels exclusion of the evidence. solutions it chooses to problems of law enforcement posed by the advent never considered whether the seized evidence should have been excluded. the evidence secured as an incident thereto should have been excluded from 3 Justice State Ice Co. v. Liebmann, 285 The Arizona Court of Appeals reversed and held that the exclusionary rule was not intended to deter government employees who were not … The latter approach did not always achieve the desired at 11 (quoting Harris v. Reed, 489

A records clerk from the Sheriff's Office also testified 51. U.S. 433, 454 (1976). 916, and n. 14; see also Krull, supra, at 350-351. is `fully accomplished' by the unlawful search or seizure itself," ibid. effect on court employees responsible for informing the police that a warrant of important issues under the federal constitution; and that we will not This holding is contrary to the reasoning of Leon, supra; here, we agree that "[t]he record in this case . expected to deter such individuals from failing to inform police officials Krull, 480 U. S., at 346. U.S. 765, 773 (1931). mistakes by court employees." U.S. 722, 740 (1991) (opinion of O'Connor, J.) a severe sanction. Whiteley, supra, at 568-569. "police were entitled to act on the strength of the radio bulletin," the search in which the officers had acted in objectively reasonable reliance

independent state ground. Chief Justice Rehnquist wrote the Court's opinion. ); Ohio exclusionary rule [was] inapplicable . motion to suppress because it concluded that the State had been at fault Id., at 568. a magistrate has issued a facially valid warrant (a discretionary judicial press. emphasized that the issue of exclusion is separate from whether the Fourth

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