Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

ID: No good faith exception to Gant, noting conflict

By John Wesley Hall, Jr.

The search of defendant’s car incident to his arrest on a failure to appear warrant, where he was already hooked up and in the police car, violated Gant, decided a year later. Gant is retroactive, and, noting the conflict in the courts, the good faith exception should not apply to case law. Here, the officer offered no reason why the car was searched, so it is assumed it as a search incident. State v. Frederick, 2010 Ida. LEXIS 144 (July 27, 2010): Predictably, this tension has led to sharply divergent results from the courts that have considered this question. A number of courts have applied the exception, recognizing that there is a distinction between recognizing the constitutional violation and providing an appropriate remedy for the violation and concluding that the deterrent purpose underlying the exclusionary rule is not advanced when officers have relied on existing case law...continue to full post

Full post as published by Fourth Amendment on July 31, 2010 (boomark / email).