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CA9: DUI justifies SI under Gant

By John Wesley Hall, Jr.

DUI arrest justifies a search incident of the passenger compartment under Gant because there is reason to believe that evidence of the crime may be found there, and such a search is not limited to a paper bag found in there. United States v. Grote, 2011 U.S. App. LEXIS 480 (9th Cir. January 10, 2011) (unpublished). While Samson v. California permits suspicionless searches of parolees, the Ninth Circuit has not determined whether it applies to probationers, and it probably won’t. Because there was reasonable suspicion anyway, the issue does not have to be decided. United States v. King, 2011 U.S. Dist. LEXIS 1725 (N.D. Cal. January 3, 2011).* There was probable cause for issuance of the search warrants in this case, and, even if not, the good faith exception made the search good...continue to full post

Full post as published by Fourth Amendment on January 12, 2011 (boomark / email).