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E.D.Ky.: Adopts GFE to Gant

By John Wesley Hall, Jr.

The Tenth Circuit’s McKane good faith exception to Gant is applied on a Sixth Circuit remand under Gant. United States v. Lopez, 2009 U.S. Dist. LEXIS 78320 (E.D. Ky. September 1, 2009). [Note: The Ninth Circuit disagrees with the Tenth.] Government's appeal from a USMJ's R&R that recommended granting a motion to suppress included its disavowal of the accuracy of officer affidavits that it affirmed before the USMJ. The government can't have it both ways. The affidavits were admissible as admissions of a party opponent. United States v. Lopez-Ortiz, 2009 U.S. Dist. LEXIS 78364 (D. P.R. August 31, 2009): The government, in its opposition to the R&R, offers no persuasive argument refuting the magistrate judge's legal analysis on this matter...continue to full post

Full post as published by Fourth Amendment on September 06, 2009 (boomark / email).