State v. Pettay
Annotate this CaseTwo days after Defendant’s arrest for marijuana possession, the United States Supreme Court decided Arizona v. Gant, which invalidated certain searches incident to arrest. Defendant moved to suppress the drug evidence pursuant to Gant. The district court granted the motion, concluding that a good-faith exception did not apply in this case. While Defendant’s appeal was pending, the Supreme Court issued its opinion in State v. Daniel, which held that an officer’s pre-Gant search incident to a lawful arrest was subject to the good-faith exception to the exclusionary rule based on the officer’s objectively reasonable reliance on Kan. Stat. Ann. 22-2501. Defendant argued that the good-faith exception should not apply in his case because the search exceeded the physical scope permitted by section 22-2501. The court of appeals affirmed. The Supreme Court reversed, holding that the State’s arguments did not justify application of a good-faith exception to the plain language of section 22-2501.
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