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Gant out

Had to take time out for this breaking news.  This morning, the Supreme Court released one of the most significant 4th Amendment cases in the past several years.  Arizona v. Gant, which I discussed back here, involved the question of whether the police can search a car incident to the driver's arrest, if the driver has been removed from the vehicle and is sitting, handcuffed, in a police car.  Surprisingly (to me at least), the Court affirmed the grant of the motion to suppress.  Even more surprising was the lineup:  Scalia and Thomas joined Souter, Ginsberg, and Stevens in the majority, while Breyer and Kennedy joined Alito and Roberts in dissent.

You can read the decision here.  I'll have a full post on it later this week or early next.  The regular weekly 8th District roundup is below this post.

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