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DC: No GFE for pre-Gant search; Belton was on shaky ground

By John Wesley Hall, Jr.

Gant and the exclusionary rule applied to a pre-Gant search. Belton was no longer “settled law,” and it was narrowing. Essentially, Gant was not a surprise. United States v. Debruhl, 09-CO-1208 (D.C. App. April 22, 2010): This case presents the question whether the federal “exclusionary rule” should be applied retroactively to a pending case after the Supreme Court has issued a decision expanding Fourth Amendment protection that would benefit the defendant if the rule applies. At the time of appellee Debruhl’s arrest for a traffic violation, New York v. Belton, as commonly interpreted, allowed the police to search the passenger compartment of an automobile without a warrant, and virtually without restriction, when incident to a lawful arrest...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).