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Criminal Law

: Tenth Circuit Blog

Good Faith Saves Search that Violated Gant

By Shari Allison

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U.S. v. Davis, 2009 WL 4884054 (12/18/09) (Published) - The 10th elects to publish a case that reconfirms the decision in U.S. v. McCane, 573 F.3d 1037 (10th Cir. 2009), that the good faith exception applies to officers who acted in violation of Arizona v. Gant, 129 S. Ct. 1710 (2009), prior to the Gant decision, but in compliance with pre-Gant law. Here the officers searched the car while the arrestee was still at the place of arrest and the search occurred within minutes of the arrest. So the good faith exception applies.

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).

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