Can a police officer rely on data provided by the judicial system, furnished by the police department, and that data contains errors?

California, United States of America


The following excerpt is from People v. Hilliare, A146384 (Cal. App. 2018):

10. People v. Downing, supra, 33 Cal.App.4th 1641 teaches when a police officer relies on data in a computer system, furnished by the judicial system, and that data contains errors "based on mistakes made solely within the judicial system, the deterrent effect of the Fourth Amendment's exclusionary rule will not be served by suppressing evidence seized in a search based on the [officer's] 'objectively reasonable' good faith reliance." (Id. at p. 1644.) In that case, however, the officer ran the defendant's name through the police department "criminal history" computer log, which showed the defendant was subject to an unexpired Fourth Amendment search waiver. The officer then double-checked with a "Fourth Amend[ment] Log" to verify the defendant's search waiver was still valid. (Id. at p. 1645.)

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