CA11: GFE applies to pre-Gant search incident ; alternatively, it was an inventory

The search of defendant’s car was valid under Belton, but not Gant, so the Gant good faith exception applies. Alternatively, inevitable discovery applied because the vehicle would be inventoried. United States v. Ethingor, 388 Fed. Appx. 858 (11th Cir. 2010).*

The defendant was stopped at a roadblock which had some defects in its establishment, but it was not unconstitutional because it was apparent what it was. When the officers saw defendant’s vehicle stop, a flashlight was shined in, and a bag of marijuana was seen in plain view. The use of the flashlight was not a search. United States v. Cole, 2010 U.S. Dist. LEXIS 82822 (N.D. Ga. August 11, 2010),* adopting 2010 U.S. Dist. LEXIS 82737 (N.D. Ga. May 12, 2010).*

A second entry without a warrant did not require suppression of a search warrant because nothing additional was seen or taken that had not already been found. United States v. Bergin, 732 F. Supp. 2d 1235 (M.D. Fla. 2010).*

A certificate of appealability (COA) from denial of habeas relief for failing to pursue a motion to suppress based on the smell of marijuana was denied because the case raises no issue for appeal that reasonable jurists would differ on. Mosby v. United States, 2010 U.S. Dist. LEXIS 83373 (C.D. Ill. August 12, 2010).*

[posted 8/18/10]