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MO refuses Gant good faith exception

By John Wesley Hall, Jr.

Missouri refuses to follow United States v. McCane and apply a Gant good faith exception. State v. Kingsley, 2010 Mo. App. LEXIS 1090 (W.D. Mo. August 24, 2010): However, it should be noted that the integrity of judicial review and constitutional adjudication outweighs officer reliance. To apply the good-faith exception to cases pending when Gant was published would contravene the Supreme Court’s clear expression that “a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final.” Griffith, 479 U.S. at 328. The Griffith Court expressly considered the weight to be accorded to reliance of law enforcement officials and the burden on the administration of justice in its analysis...continue to full post

Full post as published by Fourth Amendment on August 26, 2010 (boomark / email).