United States v. Grote

ORDER RE GANT

LONNY R. SUKO, District Judge.

I. BACKGROUND

On March 26, 2009, this court entered an “Order Denying Motion To Suppress” (Ct. Rec. 119). That order concluded the August 14, 2008 search of Defendant’s vehicle was a valid search incident to arrest under the law existing at the time. On April 21, 2009, the U.S. Supreme Court issued its decision in Arizona v. Gant, — U.S. —, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), relating to when a warrantless search incident to arrest is justified. Defendant asks this court to reconsider its “Order Denying Motion To Suppress” in light of Gant, and to…