Gettling was a passenger in a car. Police stopped the car and arrested the driver. After the arrest, Police prolonged the detention and performed a dog sniff on the car and on Gettling, one of its remaining occupants. Police found Drugs in Gettlings belongings. He was convicted of drug related charged. Gettling appealed and argued that the trial court should have suppressed evidence because police illegally detained him while conducting the dog sniff.
The Utah Supreme Court found the search of Gettling to be illegal, because the dog-sniff prolonged his detainment. Because the arrest of the driver ended the reason for the stop, Police should have released Gettling. Instead of releasing him, Police prolonged the detainment and engaged in a dog sniff.
However, because at the time of the arrest, then effective case law permitted police to engage in a search of the automobile incident to a lawful arrest. Because suppressing the evidence in this case would not deter police from engaging in illegal searches, the Court affirms the admission of the evidence under a good faith exception to the exclusionary rule.
Full Decision available at http://www.utcourts.gov/opinions/supopin/Gettling031210.pdf
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