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MI: Gant retroactive; no GFE

By John Wesley Hall, Jr.

The search of defendant’s car was unreasonable under Gant. While SCOTUS was silent on retroactivity v. applying a good faith exception, the court concludes it must be retroactive. People v. Mungo, 2010 Mich. App. LEXIS 610 (April 13, 2010), on remand from People v. Mungo, 483 Mich. 1091, 2009 Mich. LEXIS 1343 (2009): Whether reliance on case law can form a basis to invoke the good faith exception to the exclusionary rule is a significant legal question. The United States Supreme Court is silent on this issue. The Sixth Circuit and Tenth Circuit federal courts of appeal have expanded the good faith exception to apply to a law enforcement officer’s reliance on case law. In McCane and similarly in Lopez, however, it was the clear and established law of the circuit that law enforcement officers were vested with the right to search a vehicle incident to a recent occupant’s arrest...continue to full post

Full post as published by Fourth Amendment on April 17, 2010 (boomark / email).