United States v. Debruhl

FERREN, Senior Judge:

This case presents the question whether the federal “exclusionary rule” should be applied retroactively to a pending case after the Supreme Court has issued a decision expanding Fourth Amendment protection that would benefit the defendant if the rule applies.

At the time of appellee Debruhl’s arrest for a traffic violation, New York v. Belton, 1 as commonly interpreted, allowed the police to search the passenger compartment of an automobile without a warrant, and virtually without restriction, when incident to a lawful arrest. Before Debruhl’s trial, however, in Arizona v.…