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Davis Vs. United States

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  • US Supreme Court
  • Jun 16, 2011

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73 entries 12 linked 61 unlinked
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  1. United States Vs. Calandra US Supreme Court · Jan 08, 1974
  2. illinois Vs. Krull US Supreme Court · Mar 09, 1987
  3. Mapp Vs. Ohio US Supreme Court · Jun 19, 1961
  4. United States Vs. Leon US Supreme Court · Jul 05, 1984
  5. ins Vs. Lopez-mendoza US Supreme Court · Jul 05, 1984
  6. United States Vs. Havens US Supreme Court · May 27, 1980
  7. New York Vs. Belton US Supreme Court · Jul 01, 1981
  8. Stone Vs. Powell US Supreme Court · Jul 06, 1976
  9. United States Vs. Janis US Supreme Court · Jul 06, 1976
  10. Whiteley Vs. Warden US Supreme Court · Mar 29, 1971
  11. United States Vs. Peltier US Supreme Court · Jun 25, 1975
  12. Davis v. United
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  13. States Syllabus October Term, 2010 Davis V. United
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  14. acknowledged that the search of the vehicle complied with existing Eleventh Circuit precedent interpreting New York v. Belton
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  15. Court denied the motion, and Davis was convicted. While his appeal was pending, this Court announced, in Arizona v. Gant
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  16. s sole purpose is to deter future Fourth Amendment violations, e.g. , Herring v. United
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  17. s heavy costs. Under a line of cases beginning with United States v. Leon
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  18. retroactively in this case, and Davis may invoke its newly announced rule as a basis for seeking relief. See Griffith v. Kentucky
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  19. application of a new rule does not determine the question of what remedy the defendant should obtain. See Powell v. Nevada
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  20. The remedy of exclusion does not automatically follow from a Fourth Amendment violation, see Arizona v. Evans
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  21. concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined. Davis v. United
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  22. States - 09-11328 (2011) Opinion of the Court Davis V. United
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  23. Supreme Court of the United States No. 09-11328 Willie Gene Davis, Petitioner V. United
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  24. s decision in Chimel v. California
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  25. See New York v. Belton
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  26. In New York v. Belton
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  27. see Brief for Petitioner in New York v. Belton
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  28. arrestee in any particular case was within reaching distance of the vehicle at the time of the search. See Thornton v. United
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  29. Not every court, however, agreed with this reading of Belton . In State v. Gant
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  30. This Court granted certiorari in Gant , see 552 U. S. 1230 (2008), and affirmed in a 5-to-4 decision. Arizona v. Gant
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  31. authorizing substantially contemporaneous vehicle searches incident to arrests of recent occupants. See United States v. Gonzalez
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  32. Id. , at 1265 (quoting Herring v. United
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  33. doctrine, Pennsylvania Bd. of Probation and Parole v. Scott
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  34. Elkins v. United
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  35. see Weeks v. United
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  36. occasioned by an unconstitutional search. Stone v. Powell
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  37. see United States v. Janis
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  38. one. Hudson v. Michigan
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  39. at 591, suggested that the rule was a self-executing mandate implicit in the Fourth Amendment itself. See Olmstead v. United
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  40. As late as our 1971 decision in Whiteley v. Warden
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  41. Arizona v. Evans
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  42. U. S. 620 (1980). In a line of cases beginning with United States v. Leon
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  43. See Leon , supra , at 919, 908, n. 6 (quoting United States v. Peltier
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  44. see also Massachusetts v. Sheppard
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  45. s clerical error). Other good-faith cases have sounded a similar theme. Illinois v. Krull
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  46. In Arizona v. Evans
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  47. an arrest warrant in a database maintained by judicial employees. Id. , at 14. Most recently, in Herring v. United
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  48. reliance on binding judicial precedent. At the time of the search at issue here, we had not yet decided Arizona v. Gant
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  49. and the Eleventh Circuit had interpreted our decision in New York v. Belton
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