State v. Riley

Agid, J.*

¶1 Relying on the prevailing interpretation of a United States Supreme Court case, a police officer searched Eugene Riley’s car incident to his arrest under circumstances later declared unconstitutional in Arizona v. Gant.1 Because United States Supreme Court retroactivity precedent requires the retroactive application of “clear break” Fourth Amendment rules, the officer violated Riley’s Fourth Amendment rights. But the officer in this case was acting in good faith reliance on existing Fourth Amendment *437law. We therefore hold that under federal constitutional law, suppressing the…