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The post below was published on Monday, January 24th, 2011 at 7:47 AM.

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First District: Search and Seizure, pre-Gant

In this decision, the First District considered whether to suppress evidence obtained in an automobile search conducted incident to an occupant’s arrest when the search was consistent with prior U.S. Supreme Court case law but inconsistent with that court’s recent decision in Arizona v. Gant. The district court held that a search in violation of Gant but consistent with pre-Gant law came within the exclusionary rule’s good faith exception.

Chief Judge Benton authored a brief dissent.

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