Friday, April 27, 2012
Scott Robert Grubman has posted Bark With No Bite: How the Inevitable Discovery Rule is Undermining the Supreme Court’s Decision in Arizona V. Gant (The Journal of Criminal Law & Criminology, Vol. 101, No. 1, pp. 119-170 (2011)) on SSRN. Here is the abstract:
In 2009, the Supreme Court issued its decision in Arizona v. Gant, in which it significantly limited the search incident to arrest exception in the automobile search context. Despite what many experts predicted, Gant did not open the floodgates of evidence suppression. This is because the Gant holding is substantially undermined by the inevitable discovery rule, under which otherwise illegally-seized evidence is deemed admissible under certain circumstances. This article discusses why the Court’s decision in Gant lacks real-world, practical effect, and how the Court can close the loophole in its Gant holding.