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OK: No Gant GFE

By John Wesley Hall, Jr.

Oklahoma refuses to apply a Gant good faith exception. Baxter v. State, 2010 OK CR 20, 2010 Okla. Crim. App. LEXIS 20 (August 23, 2010)*: [*P12] The State argues that application of the law here would have no deterrent effect. Given the requirement, discussed above, that Gant must be applied to cases pending on direct appeal when it was decided, this argument is misplaced. In addition, applying Gant will have a deterrent effect. It will confirm to law enforcement officers in Oklahoma the change in the law and serve as an example and an explanation of the reason law enforcement agencies must adapt their vehicle search practice to conform to the law in Gant. A gun found underneath the seat cushion where defendant was seated when he was arrested was within his immediate area of control and was properly the subject of a search incident...continue to full post

Full post as published by Fourth Amendment on August 28, 2010 (boomark / email).