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MI adopts Gant GFE

By John Wesley Hall, Jr.

People v. Short, 2010 Mich. App. LEXIS 1613 (August 26, 2010): A disputed search of defendant's vehicle after defendant was arrested and placed in the back of a police car raises a Fourth Amendment issue of first impression under Michigan law left unresolved by our Court's recent opinion in People v Mungo, ___ Mich App ___; ___ NW2d___ (2010). In light of the United States Supreme Court's decision in Arizona v Gant, 556 U.S. ___, 129 S Ct 1710, 173 L Ed 2d 485 (2009), which abrogated the well-established rule in New York v Belton, 453 U.S. 454; 101 S Ct 2860; 69 L Ed 2d 768 (1981) and its progeny, we must consider whether an officer's good faith reliance on case law that is later overturned may form a proper basis to avoid the operation of the exclusionary rule...continue to full post

Full post as published by Fourth Amendment on August 29, 2010 (boomark / email).