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Cal.1: Gant not retroactive

By John Wesley Hall, Jr.

Gant did not apply to a search for evidence of driving on a suspended license because it was not reasonable to believe that evidence of that offense would be found. Gant, however, is not found to be retroactive to a search occurring before it was decided. People v. Henry, 2010 Cal. App. LEXIS 741 (1st Dist. May 25, 2010): We see no discernable difference between the application of the good faith exception as in Krull, supra, 480 U.S. 340, when police rely upon a statute later determined to be unconstitutional, and police reliance upon prior decisional law subsequently changed by a decision of the United States Supreme Court. Suppression of the evidence seized by the police in the present case in reasonable reliance upon more than a quarter of a century of case law interpreting Belton, supra, 453 U...continue to full post

Full post as published by Fourth Amendment on May 27, 2010 (boomark / email).