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Bark With No Bite: How the Inevitable Discovery Rule is Undermining the Supreme Court’s Decision in Arizona v. Gant


Scott Robert Grubman


Independent

2011

The Journal of Criminal Law & Criminology, Vol. 101, No. 1, pp. 119-170 (2011)

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.

Number of Pages in PDF File: 52

Keywords: Criminal Law, Journal, Criminology, Fourth Amendment, Warrant, Search, Seizure, Arrest, Gant, Inevitable Discovery, Evidence, Suppression, Supreme Court, Search incident to arrest, Automobile, Inventory Search

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Date posted: April 12, 2012 ; Last revised: May 30, 2012

Suggested Citation

Grubman, Scott Robert, Bark With No Bite: How the Inevitable Discovery Rule is Undermining the Supreme Court’s Decision in Arizona v. Gant (2011). The Journal of Criminal Law & Criminology, Vol. 101, No. 1, pp. 119-170 (2011). Available at SSRN: http://ssrn.com/abstract=2038646

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Scott Robert Grubman (Contact Author)
Independent ( email )
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