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

Question

exclusionary rule. What will the court most likely rule?

A) The court would exclude the evidence as per the exclusionary rule, and drop the
additional charges.
B) The court would allow the evidence, but note the objection as a basis for appeal.
C) The person would have the basis for a civil suit against the municipality for failing to
keep their warrant database up-to-date
D) The evidence would be allowed in if the police proved they were acting in good faith
when they made the discovery.
E) The evidence would be allowed in if the police could independently produce
corroborating evidence.

Answer 1

D) The evidence would be allowed in if the police proved they were acting in good faith
when they made the discovery.