In preparing for oral argument in this case, counsel discovered that the Ninth Circuit recently issued the following case: United States v. Gonzalez, F.3d , 2009 WL 2581738,09 Cal. Daily Op. Serv. 10,840. In Gonzalez, the Ninth Circuit held that the search of Gonzalez's vehicle, conducted under the then-prevailing interpretation of New York v. Belton, 453 U.S. 454 (1981), but rendered unconstitutional by Arizona v. Gant, U.S. , 129 S.Ct. 1710 (2009), could not be upheld under the good faith exception to the warrant requirement. Gonzalez thus conflicts with the Tenth Circuit decision in United States v. McCane, 573 F.3d 1037 (10th Cir. 2009), which the State cited to the Court in a previous letter.
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Supplemental Submission, Utah v. Hurt, No. 20080662 (Utah Court of Appeals, 2008).