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CA9: DUI arrest justified SI of vehicle under Gant

By John Wesley Hall, Jr.

DUI arrest under Gant and Thornton permits a search incident for alcohol and containers. Excluding defendant from his home for ten minutes, and he decided to “get this over with” and gave consent did not make the search of the home unreasonable. United States v. Grote, 2010 U.S. App. LEXIS 21622 (9th Cir. October 20, 2010) (unpublished).* A 2255 claim that defense counsel did not call one additional witness at the suppression hearing without showing how that would change the outcome was insufficient. Himmelreich v. United States, 2010 U.S. Dist. LEXIS 111552 (M.D. Pa. October 20, 2010).* Defendants’ parole search was valid, and their legal objections to the search were all nullified by the parole search. United States v. Starnes, 2010 U...continue to full post

Full post as published by Fourth Amendment on October 24, 2010 (boomark / email).