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SCOTUS cert grant: Should GFE apply to Gant? "Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional."

By John Wesley Hall, Jr.

Davis v. United States, 09-11328. Question presented: In United States v. Leon, 468 U.S. 897 (1984), this Court created a good faith exception to the exclusionary rule of the Fourth Amendment. The Court has expanded the good-faith exception over time, most recently in Herring v. United States, __ U.S. __, 129 S.Ct. 695 (2009). Petitioner asks the Court to resolve a deepening split in the lower courts over whether the good-faith exception applies to changing interpretations of law. The question presented is this: "Whether the good-faith exception to the exclusionary rule applies to a search authorized by precedent at the time of the search that is subsequently ruled unconstitutional." SCOTUSBlog here; Cert petition here; Eleventh Circuit's opinion here.continue to full post

Full post as published by Fourth Amendment on November 01, 2010 (boomark / email).