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S.D.Ohio: On a Gant reversal, government denied opportunity to show alternative basis for search

By John Wesley Hall, Jr.

Defendant’s conviction was reversed by the Sixth Circuit for a violation of Gant. On remand, the government sought to reopen the suppression hearing to show that inevitable discovery would have saved the search because it would have been found in an inventory, but it requested that relief from the Sixth Circuit which did not do so. The government had its chance to present alternate theories and failed. Motion to suppress granted on remand. United States v. Jackson, 2010 U.S. Dist. LEXIS 1699 (S.D. Ohio January 11, 2010).* Defendant’s mother consented to a search of the premises by police after one of them a firefighter-police officer combination entered the premises on a smoke call and looked through the house for a fire, finding a grow operation on the top floor...continue to full post

Full post as published by Fourth Amendment on January 14, 2010 (boomark / email).