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D.Neb.: Good faith exception applies to pre-Gant search

By John Wesley Hall, Jr.

Defendant’s search incident occurred nearly three years before Gant, and it was lawful at the time but not lawful under Gant. The court chooses to apply the good faith exception to a pre-Gant search incident attempting to forecast that the Eighth Circuit will follow the majority. United States v. Gray, 2009 U.S. Dist. LEXIS 113436 (D. Neb. December 7, 2009). There is an impeachment exception to Title III, the same as in the Fourth Amendment. While this is a Title III case, it discusses the history of the impeachment rule under the Fourth Amendment, starting in 1954. United States v. Simels, 2009 U.S. Dist. LEXIS 113151 (E.D. N.Y. December 4, 2009). By statute, a Washington probation officer must have reasonable cause before a probation search can occur, and, under the Washington exclusionary rule, the inevitable discovery rule does not apply here...continue to full post

Full post as published by Fourth Amendment on December 10, 2009 (boomark / email).