holding suppression was not warranted under good faith exception to exclusionary rule where vehicle search was conducted prior to issuance of Gant
How later courts described this case
- holding suppression was not warranted under good faith exception to exclusionary rule where vehicle search was conducted prior to issuance of Gant
- certifying question: "Does the good-faith exception to the exclusionary rule apply to evidence seized by the police in contravention of [ ] Gant, []?"
Written by the judges who cited it.
The opinion
BENTON, C.J.,
dissenting.
I would affirm the judgment below. The trial court’s decision is consonant with the view of the majority in Arizona v. Gant, — U.S. —, —, 129 S.Ct. 1710, 1723 , 173 L.Ed.2d 485 (U.S.2009), that where “it is clear that a practice is unlawful, individuals’ interest in its discontinuance clearly outweighs any law enforcement ‘entitlement’ to its persistence.”