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E.D.Tenn.: Pre-Gant guilty plea withdrawn; GFE uncertain

By John Wesley Hall, Jr.

Defendant’s pre-Gant guilty plea is permitted to be withdrawn. The factors to be considered for withdrawal of the plea favor defendant. The government argued for application of a “Gant good faith exception” which the court finds uncertain because of the split in the circuits. United States v. Amos, 2010 U.S. Dist. LEXIS 515 (E.D. Tenn. January 5, 2010).* Defendant’s stop at a bus station and request to see his bus ticket and search his bag was voluntary and reasonable. United States v. Torres, 2010 U.S. Dist. LEXIS 230 (D. Neb. January 4, 2010).* After execution of a probation violation warrant for defendant’s arrest, the PO could still conduct a search of his property after that for evidence of a violation. It was likely he would be released and would return to the place because the violation was for a dirty UA...continue to full post

Full post as published by Fourth Amendment on January 07, 2010 (boomark / email).