Update on State v. Cantrell

Thankfully, the State Appellate Public Defender has petitioned for review in State v. Cantrell. I knew it would, but I'm still relieved to know it's been done.

Cantrell, you might recall, is the case where the Court of Appeals adopted a per se, bright line, rule permitting an officer to search the passenger compartment of a vehicle whenever the driver is arrested for DUI. In my view, the COA simply created a DUI exception to Arizona v. Gant and that ain't right Fourth-Amendment-wise. It is also ironic because Gant specifically rejected a per se, bright line rule permitting such searches incident to arrest. The COA, however, did not follow the Supreme Court's example and simply created a narrower per se rule than the one rejected in Gant.

Hopefully our Supreme Court will take the case and repudiate that part of the COA opinion.