Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

WA: SI of car for DWLS was invalid before Gant

By John Wesley Hall, Jr.

Defendant was arrested for driving on a suspended license and his car was searched incident to the arrest. The search incident was invalid under Gant, decided two years later, and it was even invalid under other cases. Therefore, the good faith exception recognized by another panel of the court would not be applied. State v. Scalara, 2010 Wash. App. LEXIS 608 (March 23, 2010).* Defense counsel told the trial court that the search was not an issue in the case, so it was waived for appeal. Hernandez v. State, 2010 WY 33, 2010 Wyo. LEXIS 37 (March 23, 2010).*

Full post as published by Fourth Amendment on March 25, 2010 (boomark / email).