Cal.3: GFE applies to a pre-Gant search incident

The good faith exception applies to a search incident occurring before Gant that became unreasonable under Gant. People v. Branner, 180 Cal. App. 4th 308 (3d Dist. December 17, 2009):

A question posed in this case is whether the guilty must go free when (1) at the time such evidence was obtained by a law enforcement officer, a decision of the United States Supreme Court instructed the officer that the manner in which he searched for and seized the evidence was lawful, but (2) thereafter, the Supreme Court changed its mind. As we will explain, the answer is “No.”

Although it may be that a “criminal is to go free because the constable has blundered” (People v. Defore (1926) 242 N.Y. 13, 21), the guilty should not go free when the constable did precisely what the United States Supreme Court told him he could do, but the court later decides it is the one who blundered. Evidence seized during a search that was lawful pursuant to Supreme Court precedent existing at the time, but later overruled by the court, should not be excluded for two reasons: (1) “the exclusionary rule is designed to deter police misconduct rather than to punish the errors of judges and magistrates” (United States v. Leon, supra, 468 U.S. at p. 916 [82 L.Ed.2d at p. 694]) and, therefore, if a search by an officer complies with a court ruling that allows the officer to so act, “[p]enalizing the officer for the [court’s] error, rather than his own, cannot logically contribute to the deterrence of Fourth Amendment violations” (id. at pp. 918, 921 [82 L.Ed.2d at pp. 696, 697); and (2) applying the exclusionary rule in such a circumstance would have “substantial social costs” due to the “objectionable collateral consequence of [the rule’s] interference with the criminal justice system’s truth-finding function [by allowing] some guilty defendants [to] go free or receive reduced sentences” (id. at p. 907 [82 L.Ed.2d at p. 688]).

This principle, known as the good-faith exception to the exclusionary rule, applies to the search and seizure in this case. A question posed in this case is whether the guilty must go free when (1) at the time such evidence was obtained by a law enforcement officer, a decision of the United States Supreme Court instructed the officer that the manner in which he searched for and seized the evidence was lawful, but (2) thereafter, the Supreme Court changed its mind. As we will explain, the answer is “No.”

Although it may be that a “criminal is to go free because the constable has blundered” (People v. Defore (1926) 242 N.Y. 13, 21), the guilty should not go free when the constable did precisely what the United States Supreme Court told him he could do, but the court later decides it is the one who blundered. Evidence seized during a search that was lawful pursuant to Supreme Court precedent existing at the time, but later overruled by the court, should not be excluded for two reasons: (1) “the exclusionary rule is designed to deter police misconduct rather than to punish the errors of judges and magistrates” (United States v. Leon, supra, 468 U.S. at p. 916 [82 L.Ed.2d at p. 694]) and, therefore, if a search by an officer complies with a court ruling that allows the officer to so act, “[p]enalizing the officer for the [court’s] error, rather than his own, cannot logically contribute to the deterrence of Fourth Amendment violations” (id. at pp. 918, 921 [82 L.Ed.2d at pp. 696, 697); and (2) applying the exclusionary rule in such a circumstance would have “substantial social costs” due to the “objectionable collateral consequence of [the rule’s] interference with the criminal justice system’s truth-finding function [by allowing] some guilty defendants [to] go free or receive reduced sentences” (id. at p. 907 [82 L.Ed.2d at p. 688]).

This principle, known as the good-faith exception to the exclusionary rule, applies to the search and seizure in this case.

Leon’s good faith exception was based on the fact a judicial officer interceded between the citizen and the officer in the issuance of a search warrant. In this situation, Leon should never be cited, but the anti-exclusionary rule courts consider Belton or Gant to be a judicial error rather than an officer error.

See post on Crime and Consequences.