The smell of Herring: a critique of the Supreme Court's latest assault on the exclusionary rule

[...] since Herring, like Evans, purports to be simply an extension of the good faith doctrine, the controlling consideration is that in the past courts have consistently ruled that the government has the burden to prove facts warranting application of the good faith exception. It is not shown that unconstitutional searches and seizures brought about by negligence are either less in need of or less capable of deterrence. [...] the attenuation qualifier seems only gossamer, unlikely to survive long, and is totally lacking in meaningful content for whatever life it may have. [...] the case creates new burdens both for judges conducting suppression hearings and the lower courts charged with reviewing their decisions.