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E.D.Tenn.: Vehicle frisk was invalid under Long, but a search incident was valid pre-Gant

By John Wesley Hall, Jr.

A vehicle “frisk” in this case under Long was impermissible here because the officer’s actions don’t support it. A search incident of the vehicle was valid at the time it was done, but not under Gant. Although the Sixth Circuit hasn’t yet spoken on Gant good faith, this court determines that there is no deterrence by making Gant retroactive, so the search is valid as a search incident. United States v. Bawgus, 2010 U.S. Dist. LEXIS 83084 (E.D. Tenn. May 4, 2010)*: In addition, the validity of an officer's protective conduct when evaluated under Terry is "the reasonableness in all circumstances of the particular governmental intrusion of a citizen's personal security." Pennsylvania v. Mimms, 434 U.S., at 108-109 (1977)(quoting Terry, supra, 392 U...continue to full post

Full post as published by Fourth Amendment on August 20, 2010 (boomark / email).