US Supremes chime in on Gant

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Davis v. United States, 22 Fla. L. Weekly Fed. S1144 (June 16, 2011): Writ of Certiorari, Affirmed (denied to the defendant) – Defendant involved in a Gant (Arizona v., 21 Fla. L. Weekly Fed. S781a) situation where he was stopped, secured, and his car was later searched under Belton (New York v., 453 US 454 (1981)) precedent.  The search revealed contraband.  The search took place two years before the decision in Gant. Primary opinion written by Justice Alito found that the police were acting on “good faith” under the Belton line of cases. Justice Sotomayor wrote a concurring opinion noting that this was not the case of “unsettled” law.  However, the dissent (written by Justice Breyer with Ginsburg joining) makes a compelling point.  Written much more articulately than I can surmise, I will try to condense it down as simply as I can.  The dissent points out that Gant was also searched under existing Belton precedent and he received relief – how can it not apply to Davis?  This case is a must read.

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