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Criminal Procedure Keyed to Dressler
Davis v. United States
Citation:
564 U.S. 229, 131 S.Ct. 2419, 180 L.Ed.2d 285.Facts
The defendant was a passenger in a car that was pulled over for a routine traffic stop. The driver was intoxicated. The defendant gave a false name to the police and he and the driver ended up being arrested. The officers searched the car and the passenger compartment pursuant to the Fourth Amendment law set out in Belton v. New York. They found a firearm belonging to the defendant that he was not permitted to possess.
The defendant was convicted after a trial. He appealed, and while the case was pending, the Supreme Court decided Arizona v. Gant, which adopted a new rule relating to the searches of automobiles. The Eleventh Circuit held that under Gant, the search was unconstitutional. However, the court refused to apply the exclusionary rule to the unconstitutional search and affirmed the conviction.
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