{"id":4586,"date":"2011-01-11T11:02:24","date_gmt":"2010-08-26T06:26:50","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-26T06:26:50","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4586","title":{"rendered":"MO refuses Gant<\/em> good faith exception"},"content":{"rendered":"

Missouri refuses to follow United States v. McCane and apply a Gant good faith exception. State v. Kingsley<\/a>, 2010 Mo. App. LEXIS 1090 (W.D. Mo. August 24, 2010):<\/p>\n

However, it should be noted that the integrity of judicial review and constitutional adjudication outweighs officer reliance. To apply the good-faith exception to cases pending when Gant was published would contravene the Supreme Court\u2019s clear expression that \u201ca new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final.\u201d Griffith, 479 U.S. at 328. The Griffith Court expressly considered the weight to be accorded to reliance of law enforcement officials and the burden on the administration of justice in its analysis. Id. at 326-27. It found those considerations outweighed by the necessity of adjudicating all currently pending cases according to constitutional law as it stands at the time of the adjudication and the necessity of treating similarly-situated defendants the same. Id. at 327-28. We further believe admitting unlawfully obtained evidence based on an officer\u2019s reliance on his or her training would be setting a dangerous and unworkable precedent unjustified by the holdings in Leon and its progeny. Because we agree with the Johnson majority that the good-faith exception does not extend to police officers\u2019 reliance on case law, the State\u2019s sole point is denied. <\/p><\/blockquote>\n

The trial court denied the state\u2019s motion to continue the suppression hearing because of its inability to get all its discovery together. \u201cThe judge’s disposition may have been severe but it was not abusive of discretion. It came after a series of postponements, applied the criteria of a standing rule, and rested upon the essential authority of the court to manage the schedule of its criminal sessions. He was uniquely positioned to assess the credibility and motives of counsel appearing in his session. We affirm his orders denying the Commonwealth’s motion to continue and allowing the defendants’ motion to suppress.\u201d Commonwealth v. Burston<\/a>, 77 Mass. App. Ct. 411, 931 N.E.2d 1019 (2010).*<\/p>\n

Defendant consented to a search for a gun in her own house. She was not restrained or under arrest at the time of her interaction with the officers. United States v. Lewis, 2010 U.S. Dist. LEXIS 86431 (N.D. Ga. June 16, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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