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E.D. Wash.: GFE exception applied to a SI under Gant, even though the court doesn't decide Gant overruled anything

By John Wesley Hall, Jr.

There is no per se rule for or against search incident in a DUI arrest. The officer looked in a brown bag and found a gun. The good faith exception to the exclusionary rule applied to this warrantless search. whether Gant overruled Belton does not have to be decided. United States v. Grote, 2009 U.S. Dist. LEXIS 84285 (E.D. Wash. June 16, 2009): Application of the exclusionary rule here clearly will not deter future police misconduct. The simple reason is that the police conduct in question--warrantless searches incident to lawful arrest- will now be evaluated by the new legal standard articulated in Gant, not by the legal standard that existed when Officer Moses conducted his search. As there is no deterrent effect to be gained, application of the exclusionary rule cannot be justified considering the substantial social costs imposed by the rule...continue to full post

Full post as published by Fourth Amendment on September 20, 2009 (boomark / email).