dissenting.
I would affirm the judgment below. The trial court’s decision is consonant with the view of the majority in Arizona v. Gant, — U.S. —, —, 129 S.Ct. 1710, 1723, 173 L.Ed.2d 485 (U.S.2009), that where “it is clear that a practice is unlawful, individuals’ interest in its discontinuance clearly outweighs any law enforcement ‘entitlement’ to its persistence.”