Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

N.D.Fla.: GFE applied to pre-Gant search

By John Wesley Hall, Jr.

A search that was valid before Gant should have the good faith exception applied. (See other posts on this issue listed here.) United States v. Owens, 2009 U.S. Dist. LEXIS 81378 (N.D. Fla. August 20, 2009): Based upon the principles of the exclusionary rule, I find it proper to apply the good-faith exception to a search justified under the settled case law of the Eleventh Circuit, even though the law was later rendered unconstitutional by a Supreme Court decision. Just as there is no misconduct on the part of a law enforcement officer who reasonably relies on the mistake of a court employee in entering data, Evans, 514 U.S. at 15, 115 S. Ct. 1185, or the mistake of a legislature passing an unconstitutional statute, Krull, 480 U.S. at 349-50, 107 S...continue to full post

Full post as published by Fourth Amendment on September 11, 2009 (boomark / email).