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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 93-1660
- --------
- ARIZONA, PETITIONER v. ISAAC EVANS
- on writ of certiorari to the supreme court of
- arizona
- [March 1, 1995]
-
- Chief Justice Rehnquist delivered the opinion of the
- Court.
- This case presents the question whether evidence
- seized in violation of the Fourth Amendment by an
- officer who acted in reliance on a police record indicating
- the existence of an outstanding arrest warrant-a record
- that is later determined to be erroneous-must be
- suppressed by virtue of the exclusionary rule regardless
- of the source of the error. The Supreme Court of
- Arizona held that the exclusionary rule required sup-
- pression of evidence even if the erroneous information
- resulted from an error committed by an employee of the
- office of the Clerk of Court. We disagree.
- In January 1991, Phoenix police officer Bryan Sargent
- observed respondent Evans driving the wrong way on a
- one-way street in front of the police station. The officer
- stopped respondent and asked to see his driver's license.
- After respondent told him that his license had been
- suspended, the officer entered respondent's name into a
- computer data terminal located in his patrol car. The
- computer inquiry confirmed that respondent's license had
- been suspended and also indicated that there was an
- outstanding misdemeanor warrant for his arrest. Based
- upon the outstanding warrant, Officer Sargent placed
- respondent under arrest. While being handcuffed,
- respondent dropped a hand-rolled cigarette that the
- officers determined smelled of marijuana. Officers
- proceeded to search his car and discovered a bag of
- marijuana under the passenger's seat.
- The State charged respondent with possession of mari-
- juana. When the police notified the Justice Court that
- they had arrested him, the Justice Court discovered that
- the arrest warrant previously had been quashed and so
- advised the police. Respondent argued that because his
- arrest was based on a warrant that had been quashed
- 17 days prior to his arrest, the marijuana seized
- incident to the arrest should be suppressed as the fruit
- of an unlawful arrest. Respondent also argued that
- -[t]he `good faith' exception to the exclusionary rule
- [was] inapplicable . . . because it was police error, not
- judicial error, which caused the invalid arrest.- App. 5.
- At the suppression hearing, the Chief Clerk of the
- Justice Court testified that a Justice of the Peace had
- issued the arrest warrant on December 13, 1990,
- because respondent had failed to appear to answer for
- several traffic violations. On December 19, 1990,
- respondent appeared before a pro tem Justice of the
- Peace who entered a notation in respondent's file to
- -quash warrant.- Id., at 13.
- The Chief Clerk also testified regarding the standard
- court procedure for quashing a warrant. Under that
- procedure a justice court clerk calls and informs the
- warrant section of the Sheriff's Office when a warrant
- has been quashed. The Sheriff's Office then removes the
- warrant from its computer records. After calling the
- Sheriff's Office, the clerk makes a note in the
- individual's file indicating the clerk who made the phone
- call and the person at the Sheriff's Office to whom the
- clerk spoke. The Chief Clerk testified that there was no
- indication in respondent's file that a clerk had called
- and notified the Sheriff's Office that his arrest warrant
- had been quashed. A records clerk from the Sheriff's
- Office also testified that the Sheriff's Office had no
- record of a telephone call informing it that respondent's
- arrest warrant had been quashed. Id., at 42-43.
- At the close of testimony, respondent argued that the
- evidence obtained as a result of the arrest should be
- suppressed because -the purposes of the exclusionary
- rule would be served here by making the clerks for the
- court, or the clerk for the Sheriff's office, whoever is
- responsible for this mistake, to be more careful about
- making sure that warrants are removed from the
- records.- Id., at 47. The trial court granted the motion
- to suppress because it concluded that the State had been
- at fault for failing to quash the warrant. Presumably
- because it could find no -distinction between State
- action, whether it happens to be the police department
- or not,- id., at 52, the trial court made no factual
- finding as to whether the Justice Court or Sheriff's
- Office was responsible for the continued presence of the
- quashed warrant in the police records.
- A divided panel of the Arizona Court of Appeals re-
- versed because it -believe[d] that the exclusionary rule
- [was] not intended to deter justice court employees or
- Sheriff's Office employees who are not directly associated
- with the arresting officers or the arresting officers' police
- department.- 172 Ariz. 314, 317, 836 P. 2d 1024, 1027
- (1992). Therefore, it concluded, -the purpose of the
- exclusionary rule would not be served by excluding the
- evidence obtained in this case.- Ibid.
- The Arizona Supreme Court reversed. 177 Ariz. 201,
- 866 P. 2d 869 (1994). The court rejected the -distinction
- drawn by the court of appeals . . . between clerical
- errors committed by law enforcement personnel and
- similar mistakes by court employees.- Id., at 203, 866
- P. 2d, at 871. The court predicted that application of
- the exclusionary rule would -hopefully serve to improve
- the efficiency of those who keep records in our criminal
- justice system.- Id., at 204, 866 P. 2d, at 872. Finally,
- the Court concluded that -[e]ven assuming that deter-
- rence is the principal reason for application of the
- exclusionary rule, we disagree with the court of appeals
- that such a purpose would not be served where careless-
- ness by a court clerk results in an unlawful arrest.-
- Ibid.
- We granted certiorari to determine whether the
- exclusionary rule requires suppression of evidence seized
- incident to an arrest resulting from an inaccurate
- computer record, regardless of whether police personnel
- or court personnel were responsible for the record's
- continued presence in the police computer. 511 U. S.
- ___ (1994). We now reverse.
- We first must consider whether we have jurisdiction
- to review the Arizona Supreme Court's decision.
- Respondent argues that we lack jurisdiction under 28
- U. S. C. 1257 because the Arizona Supreme Court
- never passed upon the Fourth Amendment issue and
- instead based its decision on the Arizona good-faith
- statute, Ariz. Rev. Stat. Ann. 13-3925 (1993), an
- adequate and independent state ground. In the alterna-
- tive, respondent asks that we remand to the Arizona
- Supreme Court for clarification.
- In Michigan v. Long, 463 U. S. 1032 (1983), we
- adopted a standard for determining whether a state-
- court decision rested upon an adequate and independent
- state ground. When -a state court decision fairly
- appears to rest primarily on federal law, or to be
- interwoven with the federal law, and when the adequacy
- and independence of any possible state law ground is
- not clear from the face of the opinion, we will accept as
- the most reasonable explanation that the state court
- decided the case the way it did because it believed that
- federal law required it to do so.- Id., at 1040-1041. We
- adopted this practice, in part, to obviate the -unsatisfac-
- tory and intrusive practice of requiring state courts to
- clarify their decisions to the satisfaction of this Court.-
- Id., at 1041. We also concluded that this approach
- would -provide state judges with a clearer opportunity
- to develop state jurisprudence unimpeded by federal
- interference, and yet will preserve the integrity of
- federal law.- Ibid.
- Justice Ginsburg would overrule Michigan v. Long,
- supra, because she believes that the rule of that case
- -impedes the States' ability to serve as laboratories for
- testing solutions to novel legal problems.- Post, at 2.
- The opinion in Long describes the 60-year history of the
- Court's differing approaches to the determination
- whether the judgment of the highest court of a State
- rested on federal or nonfederal grounds. 463 U. S., at
- 1038-1040. When we were in doubt, on some occasions
- we dismissed the writ of certiorari; on other occasions
- we vacated the judgment of the state court and remanded
- so that it might clarify the basis for its decision. See
- ibid. The latter approach did not always achieve the
- desired result and burdened the state courts with
- additional work. Ibid.
- We believe that Michigan v. Long properly serves its
- purpose and should not be disturbed. Under it, state
- courts are absolutely free to interpret state constitu-
- tional provisions to accord greater protection to individ-
- ual rights than do similar provisions of the United
- States Constitution. They also are free to serve as
- experimental laboratories, in the sense that Justice
- Brandeis used that term in his dissenting opinion in
- New State Ice Co. v. Liebmann, 285 U. S. 262, 311
- (1932) (urging that the Court not impose federal consti-
- tutional restraints on the efforts of a State to -serve as
- a laboratory-). Under our decision today, the State of
- Arizona remains free to seek whatever solutions it
- chooses to problems of law enforcement posed by the
- advent of computerization. Indeed, it is freer to do so
- because it is disabused of its erroneous view of what the
- United States Constitution requires.
- State courts, in appropriate cases, are not merely free
- to-they are bound to-interpret the United States
- Constitution. In doing so, they are not free from the
- final authority of this Court. This principle was
- enunciated in Cohens v. Virginia, 6 Wheat. 264 (1821),
- and presumably Justice Ginsburg does not quarrel
- with it. In Minnesota v. National Tea Co., 309 U. S.
- 551 (1940), we recognized that our authority as final
- arbiter of the United States Constitution could be eroded
- by a lack of clarity in state-court decisions.
- -It is fundamental that state courts be left free and
- unfettered by us in interpreting their state constitu-
- tions. But it is equally important that ambiguous
- or obscure adjudications by state courts do not stand
- as barriers to a determination by this Court of the
- validity under the federal constitution of state
- action. Intelligent exercise of our appellate powers
- compels us to ask for the elimination of the obscuri-
- ties and ambiguities from the opinions in such
- cases. . . . For no other course assures that impor-
- tant federal issues, such as have been argued here,
- will reach this Court for adjudication; that state
- courts will not be the final arbiters of important
- issues under the federal constitution; and that we
- will not encroach on the constitutional jurisdiction of
- the states.- Id., at 557.
- We therefore adhere to the standard adopted in Michi-
- gan v. Long, supra.
- Applying that standard here, we conclude that we
- have jurisdiction. In reversing the Court of Appeals, the
- Arizona Supreme Court stated that -[w]hile it may be
- inappropriate to invoke the exclusionary rule where a
- magistrate has issued a facially valid warrant (a
- discretionary judicial function) based on an erroneous
- evaluation of the facts, the law, or both, Leon, 468 U. S.
- 897 . . . (1984), it is useful and proper to do so where
- negligent record keeping (a purely clerical function)
- results in an unlawful arrest.- 177 Ariz., at 204, 866 P.
- 2d, at 872. Thus, the Arizona Supreme Court's decision
- to suppress the evidence was based squarely upon its
- interpretation of federal law. See ibid. Nor did it offer
- a plain statement that its references to federal law were
- -being used only for the purpose of guidance, and d[id]
- not themselves compel the result that [it] reached.-
- Long, supra, at 1041.
- The Fourth Amendment states that -[t]he right of the
- people to be secure in their persons, houses, papers, and
- effects, against unreasonable searches and seizures, shall
- not be violated, and no Warrants shall issue, but upon
- probable cause, supported by Oath or affirmation, and
- particularly describing the place to be searched, and the
- persons or things to be seized.- U. S. Const. We have
- recognized, however, that the Fourth Amendment
- contains no provision expressly precluding the use of
- evidence obtained in violation of its commands. See
- United States v. Leon, 468 U. S. 897, 906 (1984). -The
- wrong condemned by the [Fourth] Amendment is `fully
- accomplished' by the unlawful search or seizure itself,-
- ibid. (quoting United States v. Calandra, 414 U. S. 338,
- 354 (1974)), and the use of the fruits of a past unlawful
- search or seizure -`work[s] no new Fourth Amendment
- wrong,'- Leon, supra, at 906 (quoting Calandra, supra,
- at 354).
- -The question whether the exclusionary rule's remedy
- is appropriate in a particular context has long been
- regarded as an issue separate from the question whether
- the Fourth Amendment rights of the party seeking to
- invoke the rule were violated by police conduct.- Illinois
- v. Gates, 462 U. S. 213, 223 (1983); see also United
- States v. Havens, 446 U. S. 620, 627-628 (1980); Stone
- v. Powell, 428 U. S. 465, 486-487 (1976); Calandra,
- supra, at 348. The exclusionary rule operates as a
- judicially created remedy designed to safeguard against
- future violations of Fourth Amendment rights through
- the rule's general deterrent effect. Leon, supra, at 906;
- Calandra, supra, at 348. As with any remedial device,
- the rule's application has been restricted to those
- instances where its remedial objectives are thought most
- efficaciously served. Leon, supra, at 908; Calandra,
- supra, at 348. Where -the exclusionary rule does not
- result in appreciable deterrence, then, clearly, its use
- . . . is unwarranted.- United States v. Janis, 428 U. S.
- 433, 454 (1976).
- In Leon, we applied these principles to the context of
- a police search in which the officers had acted in
- objectively reasonable reliance on a search warrant,
- issued by a neutral and detached Magistrate, that later
- was determined to be invalid. 468 U. S., at 905. On
- the basis of three factors, we determined that there was
- no sound reason to apply the exclusionary rule as a
- means of deterring misconduct on the part of judicial
- officers who are responsible for issuing warrants. See
- Illinois v. Krull, 480 U. S. 340, 348 (1987) (analyzing
- Leon, supra). First, we noted that the exclusionary rule
- was historically designed -`to deter police misconduct
- rather than to punish the errors of judges and magis-
- trates.'- Krull, supra, at 348 (quoting Leon, supra, at
- 916). Second, there was -`no evidence suggesting that
- judges and magistrates are inclined to ignore or subvert
- the Fourth Amendment or that lawlessness among these
- actors requires the application of the extreme sanction
- of exclusion.'- Krull, supra, at 348 (quoting Leon, supra,
- at 916). Third, and of greatest importance, there was
- no basis for believing that exclusion of evidence seized
- pursuant to a warrant would have a significant deter-
- rent effect on the issuing judge or magistrate. Krull,
- supra, at 348.
- The Leon Court then examined whether application of
- the exclusionary rule could be expected to alter the
- behavior of the law enforcement officers. We concluded:
- -[W]here the officer's conduct is objectively reason-
- able, `excluding the evidence will not further the
- ends of the exclusionary rule in any appreciable
- way; for it is painfully apparent that . . . the officer
- is acting as a reasonable officer would and should
- act in similar circumstances. Excluding the evidence
- can in no way affect his future conduct unless it is
- to make him less willing to do his duty.'- Leon,
- supra, at 919-920 (quoting Stone v. Powell, supra,
- at 539-540 (White, J., dissenting)).
- See also Massachusetts v. Sheppard, 468 U. S. 981,
- 990-991 (1984) (-[S]uppressing evidence because the
- judge failed to make all the necessary clerical corrections
- despite his assurances that such changes would be made
- will not serve the deterrent function that the
- exclusionary rule was designed to achieve-). Thus, we
- held that the -marginal or nonexistent benefits produced
- by suppressing evidence obtained in objectively reason-
- able reliance on a subsequently invalidated search
- warrant cannot justify the substantial costs of exclu-
- sion.- Leon, supra, at 922.
- Respondent relies on United States v. Hensley, 469
- U. S. 221 (1985), and argues that the evidence seized
- incident to his arrest should be suppressed because he
- was the victim of a Fourth Amendment violation. Brief
- for Respondent 10-12, 21-22. In Hensley, the Court
- determined that evidence uncovered as a result of a
- Terry stop was admissible because the officers who made
- the stop acted in objectively reasonable reliance on a
- flyer that had been issued by officers of another police
- department who possessed a reasonable suspicion to
- justify a Terry stop. 469 U. S., at 231. Because the
- Hensley Court determined that there had been no Fourth
- Amendment violation, id., at 236, the Court never
- considered whether the seized evidence should have been
- excluded. Hensley does not contradict our earlier
- pronouncements that -[t]he question whether the
- exclusionary rule's remedy is appropriate in a particular
- context has long been regarded as an issue separate
- from the question whether the Fourth Amendment rights
- of the party seeking to invoke the rule were violated by
- police conduct.- Gates, supra, at 223; see also Stone v.
- Powell, supra, at 486-487; Calandra, 414 U. S., at 348.
- Respondent also argues that Whiteley v. Warden,
- Wyoming State Penitentiary, 401 U. S. 560 (1971),
- compels exclusion of the evidence. In Whiteley, the
- Court determined that the Fourth Amendment had been
- violated when police officers arrested Whiteley and
- recovered inculpatory evidence based upon a radio report
- that two suspects had been involved in two robberies.
- Id., at 568-569. Although the -police were entitled to
- act on the strength of the radio bulletin,- the Court
- determined that there had been a Fourth Amendment
- violation because the initial complaint, upon which the
- arrest warrant and subsequent radio bulletin were
- based, was insufficient to support an independent
- judicial assessment of probable cause. Id., at 568. The
- Court concluded that -an otherwise illegal arrest cannot
- be insulated from challenge by the decision of the
- instigating officer to rely on fellow officers to make the
- arrest.- Ibid. Because the -arrest violated [Whiteley's]
- constitutional rights under the Fourth and Fourteenth
- Amendments; the evidence secured as an incident
- thereto should have been excluded from his trial. Mapp
- v. Ohio, 367 U. S. 643 (1961).- Whiteley, supra, at
- 568-569.
- Although Whiteley clearly retains relevance in deter-
- mining whether police officers have violated the Fourth
- Amendment, see Hensley, supra, at 230-231, its
- precedential value regarding application of the
- exclusionary rule is dubious. In Whiteley, the Court
- treated identification of a Fourth Amendment violation
- as synonymous with application of the exclusionary rule
- to evidence secured incident to that violation. 401 U. S.,
- at 568-569. Subsequent case law has rejected this
- reflexive application of the exclusionary rule. Cf. Krull,
- supra; Sheppard, supra; United States v. Leon, 468 U. S.
- 897 (1984); Calandra, supra. These later cases have
- emphasized that the issue of exclusion is separate from
- whether the Fourth Amendment has been violated, see
- e.g., Leon, supra, at 906, and exclusion is appropriate
- only if the remedial objectives of the rule are thought
- most efficaciously served, see Calandra, supra, at 348.
- Our approach is consistent with the dissenting
- Justices' position in Illinois v. Krull, our only major case
- since Leon and Sheppard involving the good-faith
- exception to the exclusionary rule. In that case, the
- Court found that the good-faith exception applies when
- an officer conducts a search in objectively reasonable
- reliance on the constitutionality of a statute that
- subsequently is declared unconstitutional. Krull, 480
- U. S., at 346. Even the dissenting Justices in Krull
- agreed that Leon provided the proper framework for
- analyzing whether the exclusionary rule applied; they
- simply thought that -application of Leon's stated ration-
- ales le[d] to a contrary result.- 480 U. S., at 362
- (O'Connor, J., dissenting). In sum, respondent does not
- persuade us to abandon the Leon framework.
- Applying the reasoning of Leon to the facts of this
- case, we conclude that the decision of the Arizona
- Supreme Court must be reversed. The Arizona Supreme
- Court determined that it could not -support the distinc-
- tion drawn . . . between clerical errors committed by law
- enforcement personnel and similar mistakes by court
- employees,- 177 Ariz., at 203, 866 P. 2d, at 871, and
- that -even assuming . . . that responsibility for the error
- rested with the justice court, it does not follow that the
- exclusionary rule should be inapplicable to these facts,-
- ibid.
- This holding is contrary to the reasoning of Leon,
- supra; Massachusetts v. Sheppard, 480 U. S. 981 (1984);
- and, Krull, supra. If court employees were responsible
- for the erroneous computer record, the exclusion of
- evidence at trial would not sufficiently deter future
- errors so as to warrant such a severe sanction. First, as
- we noted in Leon, the exclusionary rule was historically
- designed as a means of deterring police misconduct, not
- mistakes by court employees. See Leon, supra, at 916;
- see also Krull, supra, at 350. Second, respondent offers
- no evidence that court employees are inclined to ignore
- or subvert the Fourth Amendment or that lawlessness
- among these actors requires application of the extreme
- sanction of exclusion. See Leon, supra, at 916, and n.
- 14; see also Krull, supra, at 350-351. To the contrary,
- the Chief Clerk of the Justice Court testified at the
- suppression hearing that this type of error occurred once
- every three or four years. App. 37.
- Finally, and most important, there is no basis for
- believing that application of the exclusionary rule in
- these circumstances will have a significant effect on
- court employees responsible for informing the police that
- a warrant has been quashed. Because court clerks are
- not adjuncts to the law enforcement team engaged in
- the often competitive enterprise of ferreting out crime,
- see Johnson v. United States, 333 U. S. 10, 14 (1948),
- they have no stake in the outcome of particular criminal
- prosecutions. Cf. Leon, supra, at 917; Krull, supra, at
- 352. The threat of exclusion of evidence could not be
- expected to deter such individuals from failing to inform
- police officials that a warrant had been quashed. Cf.
- Leon, supra, at 917; Krull, supra, at 352.
- If it were indeed a court clerk who was responsible for
- the erroneous entry on the police computer, application
- of the exclusionary rule also could not be expected to
- alter the behavior of the arresting officer. As the trial
- court in this case stated: -I think the police officer [was]
- bound to arrest. I think he would [have been] derelict
- in his duty if he failed to arrest.- App. 51. Cf. Leon,
- supra, at 920 (-`Excluding the evidence can in no way
- affect [the officer's] future conduct unless it is to make
- him less willing to do his duty.'- quoting Stone v.
- Powell, 428 U. S., at 540 (White, J., dissenting)). The
- Chief Clerk of the Justice Court testified that this type
- of error occurred -on[c]e every three or four years.-
- App. 37. In fact, once the court clerks discovered the
- error, they immediately corrected it, id., at 30, and then
- proceeded to search their files to make sure that no
- similar mistakes had occurred, id., at 37. There is no
- indication that the arresting officer was not acting
- objectively reasonably when he relied upon the police
- computer record. Application of the Leon framework
- supports a categorical exception to the exclusionary rule
- for clerical errors of court employees. See Leon, 468
- U. S., at 916-922; Sheppard, supra, at 990-991.
- The judgment of the Supreme Court of Arizona is
- therefore reversed, and the case is remanded to that
- court for proceedings not inconsistent with this opinion.
-
- It is so ordered.
-