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CA8: Gant inapplicable where there is PC for the search

By John Wesley Hall, Jr.

As the officer approached defendant's vehicle during a traffic stop, he could smell burnt marijuana. This was probable cause for a search of the car, and Gant was inapplicable. United States v. Davis, 2009 U.S. App. LEXIS 14427 (8th Cir. July 2, 2009).* In a § 2255 case, defendant's insistence that trial and appellate defense counsel should have made a separate claim against seizure of the evidence was rejected. "Retaining documents tending to demonstrate Shelton's guilt was not an unreasonable seizure by the government." Defense counsel could not be ineffective. Also, the prior appeal apparently decided this question. United States v. Shelton, 2009 U.S. App. LEXIS 14181 (5th Cir. June 30, 2009),* direct appeal: United States v. Shelton, 337 F...continue to full post

Full post as published by Fourth Amendment on July 04, 2009 (boomark / email).