ADVERTISEMENT



Google       

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

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Criminal Law

: Fourth Amendment

E.D.Tenn.: Vehicle frisk was invalid under Long, but a search incident was valid pre-Gant

By John Wesley Hall, Jr.

ADVERTISEMENTS
A vehicle “frisk” in this case under Long was impermissible here because the officer’s actions don’t support it. A search incident of the vehicle was valid at the time it was done, but not under Gant. Although the Sixth Circuit hasn’t yet spoken on Gant good faith, this court determines that there is no deterrence by making Gant retroactive, so the search is valid as a search incident. United States v. Bawgus, 2010 U.S. Dist. LEXIS 83084 (E.D. Tenn. May 4, 2010)*: In addition, the validity of an officer's protective conduct when evaluated under Terry is "the reasonableness in all circumstances of the particular governmental intrusion of a citizen's personal security." Pennsylvania v. Mimms, 434 U.S., at 108-109 (1977)(quoting Terry, supra, 392 U...continue to full post

Full post as published by Fourth Amendment on August 20, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0747 secs (new cache)