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ID: Suspicious person was subjected to a search under automobile exception so Gant did not apply

By John Wesley Hall, Jr.

Defendant was stopped in a park at night, and his car was searched. He argued that the search was invalid under Gant, and the state argued pre-Gant good faith. Instead, the court found the search valid under the automobile exception. Under the totality of circumstances, it was apparent that defendant was up to no good when he was in the park, likely there to commit a robbery or worse because he had the accouterments for it, and this was not just a guy violating the city ordinance of being in the park after hours. He was convicted of attempted rape. State v. Newman, 2010 Ida. App. LEXIS 34 (April 19, 2010).* Officers continued to detain the defendant after his information came back “good” and he had no wants or warrants. The officers were still unsure that he was correctly identified, and that made the continuation reasonable...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).