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MO rejects Gant good faith exception and McCane

By John Wesley Hall, Jr.

The search incident of defendant’s car pre-Gant for driving on a suspended license violated Gant, even though it was commonly understood that it was valid before Gant. The court concludes that Gant has to be retroactive under general rules of constitutional adjudication, and Gant would have said it wasn’t retroactive if it wasn’t supposed to be. McCane and other good faith cases are rejected because this proposed good faith exception conflicts with the principles of constitutional adjudication. Finally, the state did not show inventory as inevitable discovery. State v. Johnson, 2010 Mo. App. LEXIS 964 (July 13, 2010): The effect of using objectively reasonable reliance on case law as a basis for applying the good-faith exception would be to ignore the Supreme Court's retroactivity rules, set forth above, in the context of Fourth Amendment cases...continue to full post

Full post as published by Fourth Amendment on July 15, 2010 (boomark / email).