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CA9: GFE does not apply to Gant

By John Wesley Hall, Jr.

Disagreeing with the Tenth Circuit, the Ninth Circuit, on a Gant remand, holds that the good faith exception does not apply under Gant. United States v. Gonzalez, 07-30098 (9th Cir. August 25, 2009): [1] The Government’s assertion is not directly supported by our current case law. The Government relies on the Supreme Court’s recent decision in Herring v. United States, 129 S. Ct. 695 (2009), which applied the good faith exception of United States v. Leon, 468 U.S. 897 (1984), in holding that whether the exclusionary rule should be applied to a search in violation of the Fourth Amendment “turns on the culpability of the police and the potential of exclusion to deter wrongful police conduct.” Herring, 129 S. Ct. at 698...continue to full post

Full post as published by Fourth Amendment on August 31, 2009 (boomark / email).