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

Criminal Law

: Fourth Amendment

KS: Gant not retroactive to search occurring before it was decided

By John Wesley Hall, Jr.

Gant is not retroactive in Kansas. State v. Karson, 2010 Kan. App. LEXIS 88 (July 30, 2010): On this issue, we are in accord with the majority of courts, which have concluded that the good-faith exception applies to searches conducted in accordance with the prevailing understanding of the Belton rule before Gant was decided. Compare McCane, 573 F.3d at 1045 (applying good-faith exception); United States v. Davis, 598 F.3d 1259 (11th Cir. 2010) (same); United States v. Allison, 637 F. Supp. 2d 657 (S.D. Iowa 2009) (same); United States v. Lopez, 2009 WL 3112127 (E.D. Ky. 2009) (unpublished opinion) (same); United States v. Schuttpelz, 2010 WL 200827 (E.D. Mich. 2010) (unpublished opinion); United States v. Lee, 2009 WL 3762404 (W.D. Mo. 2009) (unpublished opinion) (same); United States v...continue to full post

Full post as published by Fourth Amendment on August 06, 2010 (boomark / email).