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CO: Gant x 2

By John Wesley Hall, Jr.

Defendant was stopped after officers surveilling a head shop, and he produced a still wrapped pipe. This was insufficient to justify a search incident of his car under Gant. Even if Gant applied, the court would not make the good faith exception to this warrantless search retroactive. People v. McCarty, 2010 Colo. LEXIS 361 (May 10, 2010). Under Gant, a search of a glove compartment in a car is unlawful where the driver was neither within reaching distance of the vehicle’s passenger compartment and there was no indication that any evidence of the offense of arrest would be found in the car. Even if the driver disclaimed any possessory interest in the glove compartment, his possessory interest in the car itself prevents an officer from entering the vehicle in order to access the glove compartment within it...continue to full post

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