Highway headlights July Aug 2011 1
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CJ • .--l 00 ON C"l -......... .--l 00 I ~'" 1 Volume 8, Issue 3 July/August 2011 Inside this Issue > Bul/coming v. New Mexico Wisconsin Supremes Affirm Conviction With no Witnesses Jackass Star Dies·Ebert "too quick to Tweet". American Optometric Association Resolution on HGN Nesbitt v. State Whitley v. State Pryor v. State Harney v. State Man arrested for drunk driving mobility scooter Driver alcohol Detection System for Safety Drunk Driving: Eve~ a Trace is Dangerous on the Road Long Time J.D.B v. North Carolina Davis v. U.S.) No. 09-11328 Decided June 16, 2011 In Davis v. U.s., during a routine traffic stop, the defendant, a passenger in the vehicle was arrested for giving a false name. After Davis was arrested, law enforcement searched the vehicle and found Davis' handgun. He was then charged with possession of a firearm after former conviction of a felony. Davis recognized the search of the vehicle was in compliance with the binding precedent of New York v. Belton, 453 U.S. 454 (1981). However, he still raised a Fourth Amendment challenge. Davis was subsequently convicted. He then appealed. During the pendency of his appeal, the Court decided Arizona v. Gant, 552 U.S. 1230 (2008). In that case, the Court held a search is constitutional if the arrestee is within reaching distance of the vehicle during the search, or the police have reason to believe the vehicle contains "evidence relevant to the crime of arrest". In applying the Gant analysis to Davis' situation, the Court held Davis' arrest violated his Fourth Amendment rights, declined to suppress the revolver and affirmed his conviction. Upon review of the case, the Supreme Court affirmed the conviction, holding that searches conducted in objectively reasonable reliance on binding precedent are not subject to the exclusionary rule. This material was prepared for the Highway Safety Office in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation, and/or Federal Highway Administration, U.S. Department of Transportation.
|Okla State Agency||
District Attorneys Council, Oklahoma
|Okla Agency Code||'220'|
|Title||Highway headlights, 07-08/2011, v.8 no.3|
Oklahoma District Attorneys Council.
|Purpose||A Monthly Insight into the Prosecution of Impaired Driving; Davis v. U.S., No. 09-11328|
|For all issues click||D1300.6 H638h|
|Digital Format||PDF, Adobe Reader required|
|ODL electronic copy||Deposited by agency in print; scanned by Oklahoma Department of Libraries|
|Rights and Permissions||This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders.|