In a series titled “American Exception” The New York Times examines the American exclusionary rule in “Should Suspects Go Free When Police Blunder?” The exclusionary rule was originally outlined by the United States Supreme Court in Mapp v. Ohio, 367 U.S. 643 (1961) and mandates suppression of evidence in certain instances when police violate a suspect’s constitutional rights.

The United States Supreme Court is scheduled to consider the case of Bennie Dean Herring of Birmingham, Alabama on October 7, 2008. The Court will consider whether drugs and a gun should have been suppressed where police mistakenly searched Mr. Herring after believing he had an outstanding arrest warrant due to poor record-keeping at another police department.