# State v. Harris

> District Court of Appeal of Florida · April 14, 2011 · 58 So. 3d 408

URL: https://www.frixlaw.com/law-library/cases/4863720

## Case

- **Full name:** STATE of Florida v. Kristy Lynn HARRIS
- **Court:** District Court of Appeal of Florida
- **Decided:** April 14, 2011
- **Citations:** 58 So. 3d 408; 2011 Fla. App. LEXIS 5459; 2011 WL 1414758
- **Precedential status:** Published
- **Opinion:** Dissent by Benton
- **Judges:** Benton, Clark, Padovano
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4863720

## How later opinions describe it (automated extraction)

- holding suppression was not warranted under good faith exception to exclusionary rule where vehicle search was conducted prior to issuance of Gant

## Opinion text

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.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4863720. Public record. Not legal advice.