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CA11 finds good faith exception to Gant, too.

By John Wesley Hall, Jr.

Pre-Gant search incident was invalid under Gant, so Eleventh Circuit finds good faith exception saves the search. United States v. Davis, 08-16654 (11th Cir. March 11, 2010): We are not the first court of appeals to consider this question, but the other circuits have split on the issue. In the aftermath of Gant, the Ninth and Tenth Circuits have reached opposite conclusions as to the exclusionary rule’s application in cases like this one. Compare United States v. Gonzalez, 578 F.3d 1130 (9th Cir. 2009) (applying the exclusionary rule to a pre-Gant search), with United States v. McCane, 573 F.3d 1037 (10th Cir. 2009) (relying on the rule’s good-faith exception and refusing to require the suppression of evidence), cert. denied, No...continue to full post

Full post as published by Fourth Amendment on March 11, 2010 (boomark / email).