An officer arrests a person for an open bench warrant. During the arrest, he notices drug paraphernalia in the car. He files additional charges against the individual. The individual then notifies the judge that the warrant had expired, and showed being open on the police system in error. He claims since the officer had no valid probable cause, the drug paraphernalia should be excluded under the exclusionary rule. What will the court most likely rule?

Question

Quizplus · Accepted Answer

The court is likely to allow the evidence if the police can demonstrate they were acting in good faith, believing the warrant to be valid at the time of the arrest. This is based on the good faith exception to the exclusionary rule, which permits the use of evidence obtained in violation of a person's rights if the police were acting under a mistaken belief that they were following the law.

An Officer Arrests a Person for an Open Bench Warrant