The Dissent in Herring V

The dissent in Herring v.U.S.(2009) argued that the exclusionary rule should apply to a search conducted pursuant to an arrest warrant that was later discovered to have been recalled months earlier because:

A) there was reason to believe that the arresting officer who conducted the search should have investigated whether the warrant was recalled
B) the officer did not honestly believe he was acting in good faith
C) negligent bookkeeping mistakes by law enforcement threaten individual liberty and can be deterred by the exclusionary rule
D) probable cause was required to conduct the search