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CA6: Exclusionary rule not applied to pre-Gant search--question is not whether Gant applies, but what is the remedy

By John Wesley Hall, Jr.

The search incident in this case occurred before Gant but the suppression hearing was after Gant, and the search was lawful when it happened but violated Gant. The Sixth Circuit, in a long opinion, concludes that the exclusionary rule would not be applied because the officers acted in good faith. United States v. Buford, 2011 U.S. App. LEXIS 2488, 2011 FED App. 0043P (6th Cir. February 10, 2011): The Supreme Court’s jurisprudence is clear: “Whether the exclusionary sanction is appropriately imposed in a particular case ... is ‘an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct.’” Leon, 468 U.S. at 906 (quoting Illinois v...continue to full post

Full post as published by Fourth Amendment on February 11, 2011 (boomark / email).