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CA8 & KS apply Davis to pre-Gant search incident

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Defendant was arrested and subjected to a search of his car (with probable cause). The search of the car was treated as a pre-Gant search incident and upheld under Davis good faith. [It appears it would have been good under the automobile exception which isn’t discussed.] United States v. Casteel, 2013 U.S. App. LEXIS 12730 (8th Cir. June 21, 2013). Pre-Gant search incident saved by good faith exception. State v. Carlton, 2013 Kan. LEXIS 548 (June 21, 2013). Defendant was validly stopped and his cash seized. There is no question, however, that the officer didn’t Mirandize him and was trying to elicit incriminating responses. The statements are suppressed. United States v. Hernandez, 2013 U.S. Dist. LEXIS 86319 (D. Neb. June 18, 2013).* Defendant was subjected to a valid probation search days after going on probation, and a gun was found. State v. Fields, 2013 La. App. LEXIS 1246 (La.App. 4 Cir. June 19, 2013).*

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