Archive for December, 2009

Good Faith Exception in light of GANT

On December 17, the California 3rd District Court of Appeal held in People v. Branner (C059288) that despite the Supreme Court’s decision in Gant, the exclusionary rule did not prevent the use obtained by an officer relying on the recently overturned decision of Belton.  The majority strongly declared that “the guilty should not go free when the constable did precisely what the US Supreme Court told him he could do, but the Court later decides it was the one who blundered.”

Branner was arrested when the officers discovered that he had no complied with the drug offender registration requirements in 2004.   Once arrested, the officers pursuant to Belton searched the passenger compartment of the vehicle and discovered cocaine base and a gun.  Branner pled after motion to suppress was denied, and in April 2009 he appealed only to see the Court of Appeals uphold his conviction. The very next day, Gant was decided by the Supreme Court overturning Belton, and limiting the officer’s ability to search incident to arrest only the areas within the arrestees immediate control and areas within which the areestee might gain possession of a weapon.

The Court of Appeals in CA granted Branner’s petition for rehearing in light of Gant and its retroactive effect.  The majority however again upheld the conviction by holding that while Gant applies retroactively to cases pending or on appeal, the good faith exception to the exclusionary rule was applicable to uphold the search and subsequent conviction.  Court reasoned that the remedial purpose of the exclusionary rule of deterring invasive government searches would not be served by excluding the evidence in a case like Branner’s.  The Court relied on US v. Leon, IL v. Krull, AZ v. Evans and Herring v. US to basically state that despite Gant‘s new holding and overturning of Belton, its application would have little deterrent effect on officers who in good faith had relied upon Belton.

Dissenting judge Ronald Robie relied on a recent 9th Circuit decision which refused to apply the good faith exception to a search authorized by Belton but recently decided unconstitutional by Gant.  He reasoned that it was much more important to focus on the defendant in the case and afford him the same consitutional protections afforded to the defendant in Gant, rather than focus on advancing the deterrent purpose of the exclusionary rule.

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Law Offices of Raymond Cassar mobile

Everyone who is on the go, you can now find our blog on your mobile phone at the link below:

http://crimlawblog.mofuse.mobi/

ENJOY!

Google delievers again…

Ok, so most of us attorneys are busy busy and more busy.  We are always on the go, meeting clients, going to different courthouses etc.  Having a GPS device in the vehicle is almost as crucial as having a Blackberry, and iPhone or some other PDA type mobile device.  However, often time, we need to know exactly where we are going and what is around the location, and sometimes the GPS device either lets us down or we flat-out forget the address we just googled on the computer in the office.  We certainly do NOT want to text and drive or use the Blackberry while driving.  Also, calling 411, especially on Verizon’s famed network, costs a “necessary” fee.  However, the mighty Google conglomerate comes to your rescue.  You can dial 1-800-4664-411 from any phone, and have voice activated search for any number anywhere. If you call from your cell, it will even map the location for you. Accordingly, don’t get lost, don’t panic and most certainly don’t get charged for 411 calls again. Call 1-800-GOOG-411!

Google Scholar

Well, it’s been about a month since its inception, but Google’s latest creation seems to be a hit.  Google Scholar is now available for various scholarly articles but also provides a great source for legal opinions.  

Most importantly for attorneys, Google Scholar provides access to state cases going back to 1950, and federal cases going back to 1924.  Therefore, Google Scholar provides at least 50 years of state and federal cases that have been reported. And you can search these databases using the same word based queries  used in the regular Google engine.  Finally, this service works great on your Blackberry or iPhone, so with a couple of quick clicks, you find cases at your fingertips on your mobile device.

The available version is still in its “beta” phase, making it far from perfect. However, it is FREE, and it is very easily accessible for those attorneys always on the go, in court or in meetings where a laptop and Westlaw is more than a quick click away.  Find the service below, and enjoy its price: FREE!

http://scholar.google.com/