Supreme Court of the United States

Willie Gene Davis v. United States — Breyer, J., Dissenting

June 16, 2011180 L. Ed. 2d 285

Summary

Justice Breyer dissents from the Court's decision to apply Arizona v. Gant's new Fourth Amendment rule retroactively while simultaneously creating a "good faith" exception to the exclusionary rule that prevents Davis from obtaining suppression of evidence. Breyer argues this approach is incompatible with Griffith v. Kentucky's retroactivity framework and threatens to undermine the exclusionary rule's effectiveness.