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CA11: GFE applies to pre-Gant search incident ; alternatively, it was an inventory

By John Wesley Hall, Jr.

The search of defendant’s car was valid under Belton, but not Gant, so the Gant good faith exception applies. Alternatively, inevitable discovery applied because the vehicle would be inventoried. United States v. Ethingor, 2010 U.S. App. LEXIS 16970 (11th Cir. July 21, 2010) (unpublished).* The defendant was stopped at a roadblock which had some defects in its establishment, but it was not unconstitutional because it was apparent what it was. When the offices saw defendant’s vehicle stop, a flashlight was shined in, and a bag of marijuana was seen in plain view. The use of the flashlight was not a search. United States v. Cole, 2010 U.S. Dist. LEXIS 82822 (N.D. Ga. August 11, 2010),* adopting 2010 U.S. Dist. LEXIS 82737 (N.D. Ga...continue to full post

Full post as published by Fourth Amendment on August 18, 2010 (boomark / email).