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S.D.Ohio: GFE applies to pre-Gant search incident

By John Wesley Hall, Jr.

Good faith exception applied to a pre-Gant search incident. Alternatively, other exceptions would apply. United States v. McGhee, 2009 U.S. Dist. LEXIS 118261 (S.D. Ohio November 20, 2009): The circuits which have addressed the issue of whether new limitations on searches should be applied retroactively are divided. Compare United States v. Gonzalez, 578 F.3d 1130, 1133 (9th Cir. 2009) (Gant applied retroactively) with United States v. Deitz, 577 F.3d 672, 687-88 (6th Cir. 2009) (rejecting defendant's Fourth Amendment argument concerning a warrantless search of his briefcase, noting that although the search violated Gant, the officers' conduct was lawful in 1998 when the stop occurred); United States v. McCane, 573 F.3d 1037, 1042-45 (10th Cir...continue to full post

Full post as published by Fourth Amendment on December 24, 2009 (boomark / email).